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【未公開株】未公開株上場かたり1億2千万円詐取か 投資会社の社長ら再逮捕【詐欺】【ご用心】

未公開株上場かたり1億2千万円詐取か 投資会社の社長ら再逮捕

 株式上場の予定がないにもかかわらず、顧客にうその説明をして未公開株を販売した詐欺事件で、愛知県警生活経済課と中村署などは11日、東京の投資関連会社「ワールドインベストメント」社長橋本誠一被告(58)=詐欺罪で起訴=と会社元幹部5人を詐欺容疑で再逮捕するとともに、新たに、東京の食料輸入販売会社「田村」の社長田村泰男容疑者(65)=東京都中野区南台=、田村とワ社を仲介した東京都杉並区南荻窪のブローカー佳山昌史容疑者(63)を同容疑で逮捕した。

 調べでは、橋本容疑者と田村容疑者らは、実際には上場する予定のない「田村」の株が、近い将来上場されて値上がりが確実であるかのように装い、昨年1月ごろ、名古屋市中村区の無職男性(63)ら愛知県内の3人に対して1株80万円で計5株、400万円をワ社の口座に振り込ませてだまし取った疑い。

 佳山容疑者は田村側の意向を橋本容疑者側に持ちかけていた。

 県警などによると、田村は、ホームページに「2005年の売上高1兆3800億円」と記載しているほか、海外に系列会社を持つ世界規模の超優良企業を装っており、橋本容疑者らは「公開予想価格125万円」などと銘打って、最低でも1株45万円の利益が出るようだまして販売していた疑いが持たれている。

 これまでに80人から約1億2千万円をだまし取っていたとみられる。

 民間信用調査機関によると、田村は従業員16人、同年の売り上げは1億7500万円だった。

 橋本被告は2月20日、鉱石採掘・加工会社「ジャパン・レア・アーツ」会長清水彰治被告(68)=詐欺罪で起訴=らとともに逮捕。ワ社はジャパン・レア・アーツ株以外にも実態のない会社の株を扱っていたため県警が余罪を追及、田村以外の株についても同様の手口で金をだまし取っていたとみてさらに調べている。

2007年5月11日 16時05分 東京新聞のサイトより(中日新聞)
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ワールドインベストメントのような、未公開株販売業者が逮捕されることは珍しくもありませんが、ある意味において被害者(会社の社会的、経済的な信用を失う被害者であると言えることが多い)的な立場にある、未公開株の発行会社の関係者が逮捕されるのは、割と珍しいのではないかと思います。

法律相談センターの消費者相談においても未公開株に関する相談、相談件数の上位を常に占めていますし、リンク総合法律事務所にも未公開株関係の相談はよくあります。

今回の事件の場合には、販売行為は未公開株販売業者を通じて行っていたようですが、最近では、販売業者を通じて販売するだけではなく、未公開株の発行会社が、上場予定もないのに、XX証券を主幹事社として上場を準備中、などと喧伝して直接自社の未公開株を販売しているケースも見受けられます。
未公開株の販売業者から勧誘をされた⇒発行会社に問い合わせをした⇒「実は、上場予定がある・・・。うちから直接買えば、もっと安く売って上げられる」という勧誘パターンもあるようです。

証券業登録のない者が未公開株を販売する行為は、詐欺罪云々以前に証券取引法違反になる犯罪行為、公序良俗違反行為になります。高裁レベルでも売買そのものを無効とする判決が出ています(一例、広島高裁平成18年6月1日判決 判例時報1938号165頁以下)。売買が無効=販売業者側は代金を返金しなくてはならないということになります。

ちなみに、未公開株式については、登録を得た通常の証券会社であっても、いわゆる「グリーンシート銘柄」を除けば、その取引を勧誘することが原則として禁止されていることは覚えておくべきです(日本証券業協会の自主規制規則である「店頭有価証券に関する規則」(「協会員の有価証券の売買その他の取引等に関する公正な慣習を促進して不公正な取引を防止し、取引の信義則を助長するために定める規則」第1号(公正慣習規則)と略称される)第3条、第4条、第6条、同自主規制規則「グリーンシート銘柄に関する規則」(公正慣習規則第2号))。

しかしながら、発行会社自身が自社の未公開株を販売する場合、証券取引法や証券業協会との自主規制との関係では問題はありませんが、それでも、上場予定がないにもかかわらず、上場予定があるかのように装って自社株を販売していた場合には、詐欺罪になりますし、売買契約を詐欺取り消して不当利得返還請求、詐欺を理由とした損害賠償請求も可能です。

とにかく、うまい話には乗らないこと、不幸にも騙されたと思ったら、消費者センターなり弁護士に速やかに相談することが重要です。早く動けば、早く動くほど、回収の可能性は高まります。

なお、弁護士に相談したいけど弁護士の知り合いがいない、法律事務所の連絡先が分からないという方は、最寄の弁護士会の法律相談まで!

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