The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.

Defendant .

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts is unfair to link G with Defendant B, using a forged credit card in the desire to recover the claim from G, and to obtain 3.5 million won out of the proceeds of the Defendant B, even if Defendant A received all the costs of purchasing machinery to be used in forging G, and to plan a crime of forging Defendant A’s credit card and acquiring money by using a forged credit card, and to regard Defendant A as a mother and child who is under the influence of the hinterland, and to regard the whole facts charged as an accomplice.

(2) The sentence of imprisonment (eight months of imprisonment) imposed by the lower court on Defendant A is too unreasonable.

B. Defendant B (unfair punishment)’s punishment sentenced by the lower court to Defendant B (one year of imprisonment, and one hundred thousand won of a surcharge) is too unreasonable.

2. Determination on the grounds for appeal

A. The relevant legal principles are established by satisfying the subjective objective requirements of the execution of a crime through the intention of joint processing and the functional control by the joint will. Even if a person is not directly divided and executed part of the elements of a crime among the competitors, if it is acknowledged that a functional control through an essential contribution to a crime exists rather than a simple conspiracy, but rather, if it is deemed that a functional control exists through an essential contribution to a crime by comprehensively taking into account the status, role, control or power over the progress of the crime in whole, etc., the co-principal under Article 30 of the Criminal Act shall be liable for the crime committed by another conspiracy.

In this case, the method and form of crime, the number of participants and their tendency, the time and characteristics of the place of crime, the possibility of contact with others and anticipated reaction with others in the course of crime, etc. are being conducted or going to achieve the purpose.