All parts of the judgment of the first instance against Defendant A, B, C, D, E, and G shall be reversed.

Defendant

C, D, and E punishments.

1. The judgment of the court on February 2, 198, on the following grounds of appeal: erroneous determination of the gist of the grounds of appeal and misapprehension of legal principles (the defendant was urged to receive money from N, P, Q, etc. and entered the hotel room of this case in advance and did not invite the above persons and the crime of this case, and did not actually engage in the act of occupation and farming like the facts charged) and unfair sentencing.

A. (1) In determining the Defendants’ assertion of mistake of facts, etc., the conspiracy of two or more persons of the relevant legal doctrine does not require any legal punishment, but only constitutes a combination of intent to realize a crime by combining two or more persons to jointly process and realize a crime. Although there is no process of the entire conspiracy, if the combination of intent is made in a successive and implicit manner among several persons, even though there is no process of the entire conspiracy, the conspiracy relationship is established (see, e.g., Supreme Court Decision 2011Do9721, Dec. 22, 2011). Article 30 of the Criminal Act is established by satisfying all subjective and objective requirements, such as the intent to jointly process and the commission of a crime through functional control based on the intent to jointly commit a crime. Although some of the elements of a crime have not been directly shared among the elements of a crime, if it is acknowledged that there is a fundamental functional control over the crime not only through a simple conspiracy but also through a functional control over the crime.

(2) As to the crime of paragraph (1) of the same Article in the first instance judgment, even if a place where the passage to the general public is permitted freely, the manager or owner’s explicit or presumed intent, such as entering a building for the purpose of crime, is the same as entering the building.