All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (eight months of imprisonment, two years of suspended execution) is too unfased and unreasonable.

2) Defendant A was registered as an employee of the F Co., Ltd. F (hereinafter “F”), and there was no conspiracy with G, etc. to attract investment.

Even so, the lower court found the Defendant guilty on the ground that the Defendant conspiredd with G and participated in the instant crime.

2. In a case where two or more persons on the assertion of misunderstanding of facts as to Defendant A’s accomplices who jointly process a crime, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a crime and realize the crime.

Although there was no parent process in the whole, there was no parent process.

Even if there is a conspiracy between several persons, it is established if the combination of doctors is made in order or implied manner.

As long as such solicitation was conducted, those who did not directly participate in the conduct are held criminal liability as a joint principal offender for the conduct of others, and those who did not directly participate in the conduct may be recognized by the circumstantial facts and empirical rules (see Supreme Court Decision 2003Do4320, May 11, 2006). In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court’s determination that recognized the Defendant’s conspiracy is justifiable.

① The Defendant was appointed as a director of F on February 2, 2015, around one year before the instant crime.

Defendant

In addition, although there is a person registered as an internal director, there is no officer or employee who actually works in F other than the Defendant and G (27th page, 75th page of investigation records). ② The Defendant introduced T and T to G, one of his own seat, and thereafter recruited other investors, including T and B (74-75th page, 236th page of investigation records).