The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is only responsible for the business of preparing a written contract and the fund execution business instructed by B according to the terms of the contract stipulated by the co-defendant B, etc. of the court below, and there is no fact that the defendant deceivings the victims by deceiving them.

2. Determination

A. In relation to co-offenders who are jointly engaged in a crime, the conspiracy does not require any legal punishment, but is only a combination of two or more persons to realize a crime by co-processing a crime in a successive or implicit manner. In the event that the combination of the intent is carried out in a successive or secret manner, the conspiracy relationship is established. A person who does not directly participate in the act of implementation is liable as a principal offender for the other co-offenders’ act (see, e.g., Supreme Court Decision 2015Do3080, Jul. 23, 2015). In addition, a part of the conspiracy is not carried out by directly sharing part of the constituent requirements.

Even in light of the position and role of the parties in the whole crime or the power over the progress of the crime, if it is recognized that the functional control through essential contribution to the crime exists, not just as a mere contestator, it shall be held liable as a joint principal offender for the act of another contest (see Supreme Court Decision 2007Do803, Apr. 26, 2007, etc.). B. In light of the above legal principles, the following circumstances acknowledged by the evidence duly examined and adopted by this court are comprehensively taken into account: (a) joint defendants B and A of the court below entered into a contract with the external company of the damaged person in excess of the progress situation such as the size of the exercise and reservation; and (b) taking account of the following circumstances acknowledged by the evidence duly investigated and adopted by this court, they shall obtain monetary benefits such as money or services.