All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant B’s assertion of the misapprehension of the legal principles as to Defendant B merely lent KRW 20 million to Defendant A in the form of investment, and Defendant A and the instant game room were not operated as a club business, and Defendant B is merely an aiding and abetting offender for the instant crime.

Nevertheless, the court below erred by misapprehending the legal principles, thereby finding Defendant B as a co-principal of the instant crime and convicted Defendant B of the instant facts charged.

B. The lower court’s sentence (the Defendant A’s imprisonment with prison labor for 10 months and the Defendant B’s imprisonment for 8 months) on the grounds that the Defendants’ assertion of unfair sentencing is too unreasonable.

2. Determination

A. (1) As to Defendant B’s assertion of misapprehension of the legal doctrine, joint principal offender under Article 30 of the Criminal Act commits a crime jointly by two or more persons. In order to establish joint principal offender, joint principal offender is required to commit a crime through functional control by the joint doctor, which is a subjective element, and such joint principal offender is not sufficient to recognize another person’s crime but to accept it without any restriction. However, there is a mutual agreement between the accomplices that each of the accomplices should either constitute a constituent element or share the act in essence related to the constituent elements.

I would like to say.

(1) In light of the above legal principles, the Defendant asserted the misapprehension of legal principles on the premise that the joint principal offender cannot be constituted under the Civil Act, but the Defendant subjectively acknowledged the intent of joint processing and the functional control of a functional act is constituted under the Civil Act, and the fact or circumstance acknowledged by the evidence duly adopted and examined by the lower court and the record as follows.