The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

1. Summary of grounds for appeal;

A. The telephone financial fraud organization to which the Defendant for misunderstanding of facts belongs (hereinafter “instant organization”) prevents telephone financial fraud from committing the crime in the Philippines Meromania CG (hereinafter “AG”), and did not commit any act of staying in the “AH house” during the period of the crime described in [Attachment 1 to 7] of the crime committed in [Attachment 7] of the lower judgment (from November 26, 2015 to December 9, 2015), and thereafter move to the hotel (hereinafter “C hotel”), and the Defendant did not participate in the crime. Accordingly, the Defendant did not have participated in this part of the crime.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As a matter of course, a co-principal under Article 30 of the relevant legal doctrine is jointly committed by two or more persons to commit a crime, and it is established by satisfying the subjective objective requirements, namely, the implementation of a crime through a functional control based on the intent of co-processing and its common intent. Thus, even in a case where part of the conspiracys directly share part of the elements of a crime, if it is recognized that a functional control through an essential contribution to the crime exists in full view of the status, role, control over the progress of the crime, etc., and the fact that the functional control over the crime exists (see, e.g., Supreme Court Decision 2017Do8600, Oct. 26, 2017). Meanwhile, in a case where two or more persons of co-offenders jointly process a crime, the conspiracy is not required under the law, and if two or more persons of co-offenders intend to commit a crime through the joint processing and realization of the intention, the conspiracy is established in a successive or secret manner.