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Defendant
A and the prosecutor’s appeal against the Defendants are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the fact that Defendant A was involved in attracting investment funds of the rest victims (R, F, S, and H) excluding Nos. 1) of the victim N (crimes No. 1).
Defendant
A does not have any fact of deceiving victims to acquire investments and receiving similar investments.
2) The punishment of the lower court is heavy.
B. A prosecutor (in relation to the Defendants), misunderstanding of the legal principles (the part of not guilty of each fraud against the Defendants and the part of not guilty of each fraud against Defendant J), a person who was led in the public contest relationship, was relieved of the public contest relationship unless he actively endeavored to prevent the crime of other competitors, etc., and did not remove any influence on the execution thereof.
shall not be deemed to exist.
The Defendants, who directly carried out deception and carried out the position of "director", was involved in the instant crime.
Even if the Defendants did not have either recruited direct investors or provided explanation for investment after their withdrawal, the functional control of the Defendants’ act immediately by the conspiracy cannot be deemed to be annulled unless the victims’ additional damage is prevented or active measures are taken to discontinue the commission of the remaining accomplices.
The court below erred in the misapprehension of legal principles as to the part not guilty of the defendants and the part not guilty of the defendant A's crime of fraud against the victim J.
2) Undue sentencing (for the Defendants, the lower court’s sentence is somewhat weak.
2. Judgment on the grounds for appeal
A. Comprehensively taking account of the evidence examined by the lower court as to Defendant A’s assertion of mistake, the following facts and circumstances are recognized.
Defendant
A, as stated in the facts of the original judgment, may be recognized based on the fact that A, by deceiving victims as stated in the facts of the crime of the original judgment, has received money and received money.