All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment, confiscation, and return) is too unreasonable.

B. Prosecutor 1) The Defendant, at least by misapprehending the legal principles, has recognized the specific fact that at least the Defendant would not receive money obtained by deception through the crime of Bosing, and such an act of receiving money by the Defendant has made an essential contribution to the commission of Bosing criminal, and thus has a functional control over the functional act, which is the requisite for the establishment of a joint principal. Nevertheless, the lower court erred by misapprehending the legal doctrine on the establishment of a joint principal offender, which determined that the Defendant was not merely an aiding and abetting person who is not a joint principal offender, even though the lower court recognized that the Defendant had an incomplete intent to commit the crime of Bosing. 2) The sentence sentenced by the lower court of unfair sentencing is too unreasonable

2. Determination

A. On the other hand, while the essence of the joint principal’s assertion of the misapprehension of the legal doctrine by the prosecutor’s argument is that the perpetrator is taking a functional control over the act by sharing the role as a joint will, the two are distinguished in that the perpetrator has no control over the act (see, e.g., Supreme Court Decision 2017Do2573, May 17, 2017). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant, who was aware of the fact that the business was carried out in a very abnormal and abnormal manner from the time of conducting the business, thought that the Defendant could not have any choice but continued to carry out the business due to economic difficulties. However, it appears that the principal had at least failed to dosus about the fact that he was taking part in the crime of licensing, and that the cash book work performed by the Defendant is deposited into the account designated by the Organization of the Organization of the Republic of Korea.