All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

A. Defendant A’s imprisonment (ten months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts is merely responsible for withdrawal of cash, and there was no fact that the Defendant was involved in the forgery of resident registration certificates and the opening of passbook using them, and thus did not conspired with other persons to commit each of the instant crimes. (2) The lower court’s sentence of unfair sentencing (10 months of imprisonment) is too unreasonable.

Judgment

A. Joint principal offenders under Article 30 of the Criminal Act regarding Defendant B’s assertion of misunderstanding of facts are established by satisfying the subjective and objective requirements, namely, the implementation of a crime through functional control based on the intent of joint processing and its common intent.

A person who does not directly share and implement part of the elements of a crime among the conspiracys may be held liable for the so-called crime as a co-principal. However, in order to avoid such crime, considering the status, role, control over the progress of the crime, etc. in the whole crime, the functional control of the act through essential contribution to the crime should be recognized not only as a mere conspiracy but also as a functional control exists.

In addition, in light of all the circumstances, such as the means and form of crime, the number of participants and their inclinations, the time and characteristics of the place for the crime, the possibility of contact with others in the course of the crime, the possibility of contact with others, and anticipated reaction, etc., the conspiracys may either anticipate or sufficiently anticipate the occurrence of incidental crimes during the commission of the crime or going further to achieve the purpose, but they did not take any reasonable measures to prevent such occurrence, and eventually, if the crime was anticipated to have occurred, then they did not take such reasonable measures to prevent the occurrence of the crime.