The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding or misunderstanding of legal principles (as to attempted sales and attempted sales of phiphones), the Defendant did not recognize that H sold phiphones, and did not have the intent to either intentionally or jointly process the sales of phiphones. Therefore, the Defendant is not a joint principal offender for attempted sales and sale of phiphones.

2) The crime of attempted sales of phiphones was proposed by an investigative agency to sell phiphones to H. The Defendant, who did not intend to sell phiphones, merely received money from H. Therefore, the attempted sales of phiphones constitutes an illegal naval investigation that led to the Defendant’s criminal intent, and the prosecution based thereon is unlawful.

3) There is no evidence to support the Defendant’s confession.

B. The punishment sentenced by the lower court (one year and six months of imprisonment, confiscation, and collection KRW 3 million) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal doctrine on the assertion that the joint principal offender under Article 30 of the relevant legal doctrine is not a joint principal offender for the sale and attempted sale of philophones is a subjective element, and the commission of a crime through functional control based on the intention of joint processing and objective requirements is required as a subjective element.

Here, the intention of co-processing is to move one's own will by using another's act in order to conduct a specific criminal act with the intention of co-processing.

B. A functional control means that a person does not merely contribute to a mere conspiracy, but also contributes to an essential element of a crime. The issue should be determined by taking into account the status, role, control or malicious power over the criminal defendant or the progress of the crime in the entire crime.

On the other hand, the public invitation is made among many people in order without the process of the whole conspiracy.