The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment with prison labor for 2 years and 6 months, and by imprisonment with prison labor for 1 year.

1. The abbreviationd name used in the judgment of the court below in the summary of the grounds for appeal is also used in this decision.

Defendant

A (unfair imprisonment) The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

B. Defendant B1) misunderstanding of facts and misunderstanding of legal principles also did not act as an assistant for the formation of the above contract in accordance with the direction of Defendant A, a party to the contract, and did not act as an assistant for the formation of the funds necessary for D acceptance. Defendant B did not participate in the securing of the funds necessary for D acceptance from the bond company as collateral, and it could not be anticipated that the instant shares will be disposed of due to an illegal act of the bond company. Defendant B did not endeavor to perform the contract until the end of the contract by making payment of the remaining acquisition price to the victim through several means even after the above act of the counter-sale. Ultimately, Defendant B did not act in collusion with Defendant A, and did not have any intent to acquire the victim. Nevertheless, the judgment of the court below which found Defendant B guilty of the facts charged of the instant fraud and there was an error of law by misunderstanding of facts and misunderstanding of legal principles.

C. Defendant C (Unfairly Undue Practices) stated in the statement of grounds for appeal that “the fact-finding, misunderstanding of legal principles, and unreasonable sentencing” as the grounds for appeal, but did not state the specific contents. On the first trial date of the trial of the first instance, Defendant C stated that “the Defendant appealed on the grounds of mistake of facts, misapprehension of legal principles, and unreasonable sentencing.”

However, the rules on criminal procedure provide that the grounds for appeal shall be clearly stated in the statement of grounds for appeal (Article 155), so the defendant C is merely the fact-finding in the statement of grounds for appeal.