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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for four years.
Defendant
A.
Reasons
1. The summary of the grounds for appeal 1) The Defendants (misunderstanding of facts, and the facts constituting the crime as indicated in the judgment of the court below) (1) 6 (BW) Defendant A, who was ordered to summary order as an accessory to the crime received similar facts as indicated in the judgment of the court below, shall be excluded from the victim of fraud or the other party receiving the similar facts, and the part in which BW invested shall be excluded from the damaged amount or solicitation amount. However, since there is no part concerning BW in the crime list (1) as stated in the judgment of the court below, and this is no error, the part concerning “BW” among the above allegations by Defendant A is not separately determined.
and from the beginning, all other investors are recruited with the knowledge of the business method or structure of G Co., Ltd. (hereinafter referred to as “G”).
Therefore, the above six persons cannot be considered as the defrauded or the other party to receive the identity of the victim, and the part which they are investors in the attached list of crimes (1) of the court below's decision should be excluded from the amount of damage or the amount of solicitation.
(2) Attached 50 (including six persons who received the above summary order) recorded in annexed Table 1, which operated a general sales store or agency related to F Co., Ltd. F (hereinafter “F”), recruited investors to F, and participated in F’s establishment by organizing the F’s emergency response committee and participating in G’s establishment. Therefore, it seems that G’s business method or structure was well known.
Therefore, the above 50 persons cannot be regarded as the defrauded or the other party to receive the same, and the part of the list of crimes in the attached Form (1) of the court below's decision should be excluded from the amount of damage or the amount of solicitation.
(3) Of the victims, the defendant A, as stated in the Attachment No. 2 List No. 213, claimed that there are 214 victims who already received or distributed at least the amount of investment. However, according to the list of crimes (1) and the evidence No. 52 and 53, which was submitted by the defendant B as stated in the judgment of the court below, the amount of investment is as above.