The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and four months, and by imprisonment with prison labor of ten months.

Summary of Grounds for Appeal

Defendant 15 (AR, AI, BO, N, BP, S, U, X, Q, AC, AE, AE, ASS, BS, and AH, among the attached list of crimes (hereinafter “the list”), the Defendant was only involved in the crime.

The sentence of unfair sentencing (Defendant A: Imprisonment with prison labor for two years and six months, and imprisonment for one year and six months) of the lower court is too unreasonable.

Judgment

Defendant

In full view of the following circumstances that can be recognized by the court below's judgment on the assertion of mistake as to the mistake of facts in B and the evidence duly adopted and investigated by the court below, the defendant had a functional control over the whole of the crime in this case (excluding the case No. 116, 189, 221, 222 of the attached Table which found the defendant not guilty ex officio below) with the accomplice, so this part of the defendant's assertion is without merit.

① As a type A, the Defendant, upon the request of the principal state, moved the address from the principal state to the Ansan. Within the crime period, the Defendant resided in the studio located in the Gusan located in the Gu, and worked together with A.

② The Defendant performed the duty of counseling with the customers who reported the advertisement, the duty of guiding the customers to the agencies or agencies, the duty of explaining the opening of the mobile phone, the duty of explaining the precautions (such as the duty of payment of fees, the timing of termination, etc.) after opening the mobile phone, the duty of collecting the mobile phone or related documents (such as a written confirmation of personal signature) opened by the customers and remitting the mobile phone price to the customers, and the duty of delivering the mobile phone price purchased from the customers to the mobile phone purchaser.

The defendant mainly instructed A, but in some cases, the defendant directly performed all duties from telephone counseling to mobile phone openings and payment of the price.

③ At around July 9, 2018, the Defendant, while on the cell phone store located in BT underground shopping districts, has opened two cell phoness with AH who visited the store by chance, and after consultation with BH.