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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. The summary of the grounds for appeal alleged in the lower judgment that “The indictment of only the Defendant, even though V was found to have concluded a contract with AZ and subordinate centers and recommended investment in I et al., constitutes abuse of public prosecution rights.” However, the lower court did not have any determination as to the foregoing assertion.
As to the above argument, even if the defendant's assertion constitutes a co-principal, the prosecutor may prosecute only part of the accomplices, taking into account the status and role of each accomplice at the time of committing the crime, circumstances after committing the crime, etc., and it cannot be concluded that it is abuse of the right of prosecution.
The above argument by the Defendant is difficult to accept.
The defendant does not dispute this part in the trial.A.
Defendant
1) The Defendant was guilty of misunderstanding of facts (as to the conviction part of the lower judgment) 2017 Godan174, and the Defendant was working as a manager in R Co., Ltd. (hereinafter “R”) with V’s representative, and did not actually operate the said company.
R Whether or not it acquires ownership of the four units of T building has not been any problem for S to carry on the Track business.
S limited to the operation of the crowdfunding based on the AE’s operation. However, as the AE’s withdrawal from the business prevents the profits expected by the operation of the crowdfunding, it voluntarily closed down its business.
The defendant did not deceiving S and did not have the intention to defraudation.
B. Of the instant case No. 2017 Highest 2405, the Defendant stated to the effect that the Defendant would be able to repay debt when R grow up and stable, and that V would be responsible for and resolving the debt of the R jointly and severally guaranteed.
Rather, V recognizes the growth value of R and is the representative director of the company in question.