Former CEO Kelly was accused of violating the Financial Instruments and Exchange Act, saying that Nissan Motor's former chairman Carlos Ghosn's remuneration was understated in the securities report. Convicted.
Of the eight-year report that was charged with the crime, seven years were acquitted because the collusion with the former chairman and others could not be established.
Regarding the case, he pointed out that "former Chairman Ghosn is the principal culprit."
Former Nissan Representative Director Greg Kelly (65) colluded with former Chairman Carlos Ghosn (67), who fled to Lebanon in the Middle East, and in the eight years up to 2017, the former chairman's compensation was securities. He was accused of violating the Financial Instruments and Exchange Act along with Nissan as a corporation, claiming that he was not guilty, saying that he stated less than 9.1 billion yen in accordance with the report.
In a ruling on the 3rd, Judge Kenji Shimotsu of the Tokyo District Court pointed out that "former Chairman Ghosn had colluded with the former secretary general and submitted a lie report that deducted unpaid compensation from the total compensation." Did.
After that, regarding the involvement of former CEO Kelly, it was judged that a collusion with the former chairman would be established only in 2017, when the amount of unpaid remuneration was confirmed in writing out of the eight years charged with the crime. I disregarded the rules and committed the crime. Although I can be found guilty for one year, I cannot disregard the responsibility. " ..
On the other hand, regarding the case, he pointed out that "former chairman Ghosn is the principal culprit."
"It is based on the self-interest and self-interest of trying to protect ourselves while securing a large amount of compensation because it can be regarded as a problem if the true compensation is revealed. It had a great impact not only on the world but also on society as a whole. "
He also pointed out to Nissan that "the monitoring function for the former chairman of the entire organization has become a dead letter, which has caused a situation," and fined 200 million yen.
No "judicial transaction" testimony allowed
This case was also subject to the "judicial transaction" introduced in Japan four years ago.
Two former secretary generals of Nissan, who managed the remuneration of former chairman Ghosn, responded to the "judicial transaction", and the credibility of the evidence such as statements and documents obtained in return for the prosecution's non-indictment Attention was paid to how the court decided.
The ruling stated that the statement by the former secretary general was "the most important evidence in considering the issue."
On the other hand, he pointed out that "there is a risk of making a statement in line with the prosecutor's intention from the desire to receive favorable treatment and the risk of drawing in former CEO Kelly." "We should consider it carefully," he said.
And the judgment about the testimony of the former secretary general that there was involvement and recognition of former CEO Kelly in the document that describes how to pay the compensation of former chairman Ghosn said, "There is no evidence to support the testimony." I didn't admit the club.