Again, old 3DSes can access out-of-region Eshops.I didn't know that's possible at all. But this would require a lot of code to be injected, right? I'm not sure that would be possible.
And I have to admit - I don't belive that everyone here claiming to own a legit eShop copy really does. There might be one or two, but I don't believe there are that many. Especilly when they claim they can't afford to buy it again - why import an expensive Japanese 3DS in the first place then?