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The judgment below
Part concerning Defendant B, C, and D among them shall be reversed.
Defendant
B, C, and D shall be punished by imprisonment for each of two years and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant B, C, and the sentence imposed by the lower court to Defendant B and C (three years of imprisonment respectively) are too unreasonable.
B. (1) Although it is difficult to see that there was a collusion for profit-making inducement against the victims who had been detained by Defendant D, Y,N, or AO by mistake of facts or misapprehension of legal principles, the court below found Defendant D guilty of this part of the charges, which is erroneous in the misapprehension of legal principles or misapprehension of legal principles.
B. The sentence imposed by the court below on Defendant D (two years and six months of imprisonment) is too unreasonable.
C. Defendant D, along with Defendant B, C, etc. or a person in false name (the head of theT office), conspiredd to obtain a loan from a financial institution or obtain a business registration certificate or establish a corporation, and made a public offering to acquire financial benefits by selling it. Defendant B, C, etc., or a person in false name, issued a bank passbook, check card, etc. under the name of Y, AO, and Defendant D could also be recognized that Defendant D conspired to acquire the means of access necessary for electronic financial transactions, since Defendant B, C, etc., and Y et al. could not escape because they were detained by transfer of Y and AO, and Y et al. did not escape. However, the lower court acquitted Defendant D of this part of the facts charged as to this part of this case, and erred by misapprehending the legal principles or misapprehending the legal principles.
B. The sentence imposed by the lower court on Defendant D and H (Defendant H: Imprisonment with prison labor for two years and six years and a suspended execution for a period of four years) is too uneasable and unreasonable.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles (defendant D parts), the public invitation in the relation of accomplices who are co-processed with more than two crimes does not require any legal penalty, and two or more persons conspired to jointly process them for crimes.