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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal in the instant case: (a) at the time of the commission of the instant crime, G (hereinafter “G”) was operated as a hostile and did not have any circumstances to improve the company’s finance; and (b) the Defendants received money under the pretext of the Defendants’ offering of capital for capital for capital increase even though one year has not passed since the resolution was passed; (c) the Defendants did not properly manage the investors’ list and used the money without undergoing the proper accounting procedure; and (d) did not know that the procedure for the offering of capital increase was not possible; (b) in light of the circumstances, the Defendants did not have any negligence or bad intent as to the fact that the Defendants would not receive capital increase; (d) however, the lower court acquitted the Defendants of the facts charged in the instant case by misapprehending the facts, thereby adversely affecting
2. The summary of the facts charged is the representative director of G, the general director in charge of accounts of G, and the defendant C who served as the director in charge of editing of G.
Even if the Defendants received the payment for the purpose of capital increase from Kimpo-si and Kimpo-si, the Defendants conspired to receive the money in the name of the payment by soliciting the buyers under the pretext of offering capital increase, in the absence of the ability and intent to distribute the actual shares or to grant the rights as shareholders.
On May 24, 2006, at the G conference room located in Kimpo-si H, Kimpo-si, Kimpo-si, the Defendants falsely stated that “The victims would issue shares and distribute shares if they participate in G’s capital increase with capital increase.”
However, the Defendants thought that they would use the money received from the victims as the operational fund of G, so even if they received money from the victims, they did not have the intent or ability to distribute shares to the victims by offering new shares.
As above, the Defendants deceiving the victim and deceiving him from the victim G.