1. The part of the judgment below excluding the compensation order shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for five years;

3...

1. Summary of grounds for appeal;

A. In relation to the fraud loan (hereinafter “the instant fraud loan”), which is an offense of the lower judgment 2016 High 21 case, the lower court found the Defendant guilty of the part of the lower judgment, on the grounds that the Defendant did not forge a lease contract with Q and R, etc. or conspired to obtain a loan from a financial institution by using it, and thus, did not err by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The joint principal offender under Article 30 of the Criminal Act is jointly and severally committing a crime. In order for a joint principal offender to be established, it is necessary to establish a crime through functional control based on the intention and objective requirements of joint processing as a subjective requirement.

Joint processing intention is not sufficient to recognize another person's crime but to accept it without preventing it, and it should be one of the joint intent to conduct a specific criminal act, and it should be to shift one's own intention to implement another's act by using another person's act.

Therefore, in order to determine that a joint principal offender is established, the status and role of the actors through the entire process of realizing the crime, the details of solicitation for other actors, etc. should be comprehensively examined, and the relationship of mutual use based on the joint processing should be proven to the extent that there is no reasonable doubt (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015). Furthermore, even if a person who directly shared part of the constituent requirements and did not implement it, the so-called crime liability as a joint principal offender may be imposed depending on the case where he/she directly shared the part of the constituent requirements and did not implement it. However, in order to do so, it should be comprehensively considered the status and role of the actors in the entire crime, or the control or influence over