The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In relation to the facts charged in the indictment of mistake of facts or misapprehension of legal principles, even though the defendant aiding and abetting the relevant fraud by B and K, the court below judged the defendant as a joint principal offender B and K. The judgment of the court below is erroneous in the misapprehension of legal principles as to the mistake of facts or joint principal offender.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In order to constitute a joint principal offender under Article 30 of the Criminal Act of relevant legal principles, the intent to jointly process, which is a subjective element, and have been committed through functional control based on such joint intent. Here, the intent to jointly process is not sufficient to recognize another person’s crime but to allow it without restraint, and the purport of the joint principal offender to shift his/her own intent to practice by using another person’s act. Meanwhile, the essence of the joint principal offender is deemed to be functional control by division of work, and the joint principal offender is distinguishable from each other in that he/she has no functional control by joint principal offender (see, e.g., Supreme Court Decision 2015Do10373, Oct. 15, 2015). In full view of the following circumstances acknowledged by the court based on evidence, the Defendant and the joint principal offender can be deemed to have acted as a functional control by committing a crime in collusion with the B.

This part of the defendant's assertion is not accepted.

① From December 2014, K purchased a large number of insurance policies with the Defendant’s design, which is an insurance solicitor, in comparison with its financial status, as indicated in this part of the facts charged. At this point, Article 1 of the facts charged in collusion between B and the Defendant.