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The judgment below
Of them, the part of conviction against the Defendants (including the part of acquittal) shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. Of the facts charged against the Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) with respect to the scope of the judgment of this court, the part which the court below acquitted the Defendants on the grounds (i) part of the attached list 4, 7, 2, 5, and 8 attached list of crimes against Defendant A, and 3, 6, and 9 attached list of crimes against Defendant E) was not appealed by the prosecutor. Thus, although the remaining convictions of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) was charged for a single comprehensive crime, it shall be deemed that the Defendants exceeded the object of attack and defense between the parties (see, e.g., Supreme Court Decision 90Do2820, Mar. 12, 1991). This part is in accordance with the conclusion of innocence of the judgment of the court below, and is not judged separately
Therefore, the judgment of this court is limited to ① the guilty part of the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) against the Defendants (the part in the attached Table 1 of the judgment of the court below against Defendant A, the part in the attached Table 2 of the judgment of the court below against Defendant B, the part in the attached Table 3 of the judgment of the court below against Defendant E), ② the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Acceptance, etc.) against Defendant A, ③ the part in the use of private document alteration and alteration of the private document against
2. Summary of grounds for appeal;
A. Defendants (1) misunderstanding of facts or misunderstanding of legal principles) common to the Defendants: (1) the Defendants work as a branch office or a site store in S Co., Ltd. (hereinafter referred to as “S,” “S,” and the expressions of the Co., Ltd. in its name are omitted for convenience) east Branch at the time of each of the instant loans, such as ① loans in excess of the collateral value as indicated in this part of the facts charged, or ② loans in excess of the collateral value.