The former president of a real estate company listed on the First Section of the Tokyo Stock Exchange, who was arrested and charged in a misappropriation case investigated by the Osaka District Prosecutor's Office, threatened the people involved in the investigation about the two prosecutors involved in the investigation. He soon decided to file a criminal prosecution with the Supreme Public Prosecutor's Office, alleging that he had drawn a statement in line with the prosecution's story.
The criminal accusation of the two prosecutors is Shinobu Yamagishi (59), the founder and former president of Pressance Corporation, a real estate company listed on the First Section of the Tokyo Stock Exchange and headquartered in Osaka.
It is considered that Mr. Yamagishi, the president, was also involved in the case where the then president of the Osaka school corporation and the subordinates of the company, which were being investigated by the Osaka District Public Prosecutor's Office three years ago, seized 2.1 billion yen over land transactions. He was arrested and charged.
Mr. Yamagishi consistently denied any involvement in fraud, and last year the Osaka District Court acquitted the subordinate's statement, which the prosecution used as a pillar of proof, as "untrustworthy," and was subsequently confirmed.
When the defense team analyzed the recordings of the investigation of the special investigation department, the prosecutor knocked on the desk and said to the subordinates who had denied the involvement of the president. I swore that I wouldn't lie, but I was liar with a calm face, and I cursed him for a long time. Without the involvement of the president, I'm sorry for the damage of 1 billion yen or 2 billion yen. I will be liable for compensation. "
Another prosecutor also made statements that made him think that his sentence would be heavy if he did not acknowledge Mr. Yamagishi's involvement in the interrogation of other parties.
Mr. Yamagishi threatened two 49-year-old and 44-year-old prosecutors who belonged to the special investigation department at that time as witnesses, saying that it was an illegal investigation that forced the prosecution's story to subordinates with the aim of detecting the top of the company. It is said that he decided to file a criminal prosecution with the Supreme Public Prosecutor's Office soon due to suspicion.
In addition, the Ministry of Justice's prosecutor eligibility examination committee will be filed for examination, saying that the chief prosecutor who directed the investigation should be dismissed.
Mr. Yamagishi was detained for about eight months due to an unjust investigation, and was forced to part with the company. I am planning to raise the case, and I will hold the prosecution responsible for both criminal and civil affairs.
Acquittal loses company Decided to accuse without apology from prosecution
Shinobu Yamagishi developed and sold condominiums mainly in the Kansai region, and the company grew rapidly until it was listed on the First Section of the Tokyo Stock Exchange.
However, three years ago, he was suddenly arrested by the Osaka District Public Prosecutor's Office on suspicion of embezzlement.
He was suspected of being involved in the case where the then president of a school corporation in Osaka took part in a case where the corporation's funds of 2.1 billion yen were taken over land transactions.
At that time, "Pressance Corporation" had a plan to purchase the land of a high school owned by this school corporation in Osaka city as a condominium site, which was difficult to manage.
Mr. Yamagishi was asked by the subordinate who was in charge of this plan to use the necessary bridging funds until the land was sold to the school corporation, and he lent out 1.8 billion yen.
However, this 1.8 billion yen was actually borrowed by the individual president and used to take control of the corporation.
After that, the president took the 2.1 billion yen paid to the school corporation as a deposit for the land purchased from the Pressance side, and used it to repay his debt.
Mr. Yamagishi has never met the president, and the explanatory material prepared by his subordinates stated that the loanee of 1.8 billion yen was a school corporation.
However, the special investigation department made a statement that Mr. Yamagishi's subordinate, who had already been arrested with the president and others, "explained to the president that he would lend to the president individually", so Mr. Yamagishi recognized the flow of money and settled. He was arrested for cooperating with.
Mr. Yamagishi was detained for about eight months on charges of unfamiliar charges.
Pressance's credit was damaged by the arrest of the founder, and the stock price plummeted.
Mr. Yamagishi was informed that he would stop lending if he did not separate the capital relationship from the financial institution, and he had to give up all his holdings at a low price in order to protect the company.
The Osaka District Court convicted the president of the school corporation and Mr. Yamagishi's subordinates in this case.
On the other hand, regarding Mr. Yamagishi, the court ruled that the statement of his subordinates, which the prosecution had made a pillar of guilty proof, was "untrustworthy."
The prosecutor blamed his subordinates, who had denied Mr. Yamagishi's involvement in the interrogation immediately after his arrest, saying, "Can I compensate for the damages of the company? I'm sorry for 1 billion or 2 billion." I may have made it. "
And he was acquitted.
The prosecution abandoned the appeal and was acquitted in the first instance, but Mr. Yamagishi lost his career as a business owner and lost the company he had built in his generation.
Since there was no apology from the prosecution, Mr. Yamagishi decided to file a criminal accusation of the prosecutor and file a state redress lawsuit to pursue the responsibility of the prosecution.
Mr. Yamagishi “It is no wonder that the prosecution cannot turn back”
Mr. Yamagishi, who decided to accuse the prosecutor of the Osaka District Prosecutor's Office, criticizes the prosecution's investigation as illegal, sticking to the story they draw rather than pursuing the truth.
Regarding the statement that his subordinates acknowledged his involvement in the prosecution's interrogation, he said, "I fell into misanthropy as to why I lied like this, but when I saw the contents of the interrogation, I could understand why this happened." I feel very comfortable. "
To the prosecution, "If you make a mistake, you can always change direction and turn back, and it's no wonder why you can't do that. It's the most shocking thing to be deprived of your favorite job because you quit the president. There were many business partners who suffered inconvenience other than me. I doubt that the prosecution is working with imagination, and I think they are very disappointing. "
Detailed analysis of the records of Mr. Yamagishi's defense team interrogation
Mr. Yamagishi's defense team analyzed in detail the recordings of the prosecutor of the Osaka District Prosecutor's Office investigating related parties such as Mr. Yamagishi's subordinates.
A subordinate who had already been arrested as a person in charge of land transactions with a school corporation initially denied collusion with Mr. Yamagishi in an interrogation.
A 49-year-old male prosecutor hit his desk and said, "I'm not reopening. I told my family that I wouldn't lie to my parents, but I lied with a calm face. It means that I decided.
And he said, "You've been fooling the president. That's normal. Do you want your credit? If so, you're a big sinner who has detracted from the company's reputation. That's right. "
He added, "If your company suffers a lot of business damage or your stock price goes down, can you compensate for that damage? I'm sorry for 1 billion or 2 billion. After blaming him, "Are you talking?", The subordinates turned around and began to make a statement admitting the collusion with Mr. Yamagishi.
Mr. Yamagishi alleges that the prosecutor has long abused and threatened his subordinates and twisted his statement, even though the prosecutor was inconsistent with the objective evidence.
In some recordings, the prosecutor confessed to the person being investigated that he had been advised by the prosecutor's boss that he might be forcing him to make a statement. It was because of that. "
Mr. Yamagishi criticized that the prosecutor's boss was aware that there was a suspicion that an illegal interrogation was being conducted, but did not deal with it, and that the special investigation department systematically created the crime.
In addition, a 44-year-old male prosecutor who investigated other related parties said, "If Mr. Yamagishi was really involved, if I couldn't say that, it would be as much as the chairman from the current position. I'm in a pretty bad place, after all, very emotionally, I was involved in. "
The person concerned said that he was worried that his sentence would be heavy if he did not admit the collusion, and asked the prosecutor for help, "What should I do?", And the statement changed.
Mr. Yamagishi and the defense team are investigating with the story of the prosecution that "a superior of the organization must have been involved in the case", and the Osaka District Prosecutor's Office's former director of the Ministry of Health, Labor and Welfare, Atsuko Muraki's crime. He criticizes it as having the same composition as the case.
Prosecution reform triggered by "Atsuko Muraki's innocence" ...
Criminal judicial reforms have been promoted in the wake of a series of scandals by the prosecution, such as the case where Atsuko Muraki, the director of the Ministry of Health, Labor and Welfare, was confirmed not guilty.
Thirteen years ago, Atsuko Muraki was arrested and charged by the Osaka District Prosecutor's Office for creating a false certificate over the postal discount system.
Regarding the records of subordinates who stated Mr. Muraki's involvement at the investigation stage, the court did not adopt most of the evidence as "the prosecution's investigation is problematic and unreliable", and the following year, the prosecution's allegations were denied and acquittal was confirmed. Did.
In addition, during the investigation process, the falsification of evidence by the Osaka District Prosecutor's Office was revealed, and the chief prosecutor and the director of the special investigation department at that time were arrested and prosecuted.
The reform of the judicial system was promoted in the wake of strong criticism of the way of interrogation along the so-called "story", in which the prosecution's scenario was forced into a closed room.
Interrogation recordings have been introduced with the main purpose of preventing unjustified interrogations.
From three years ago, it was obligatory to record all processes for cases subject to lay judge trials such as prosecution's own investigation cases and murders.
As a result of examining Mr. Muraki's case, the prosecution also said, "In the background of the falsification of the evidence by the former chief prosecutor, it is important as an organization to proceed with the investigation considering Mr. Muraki's arrest as the minimum mission under the direction of the director of the special investigation department at that time. There was a problem, "he admitted, and was aiming to restore the lost trust.