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(영문) 서울중앙지방법원 2016.08.23 2014가단5223875

구상금

Text

1.(a)

Defendant A’s KRW 1,107,459,425 for the Plaintiff and KRW 5% per annum from February 28, 2014 to August 14, 2014.

Reasons

1. Facts of recognition;

A. Around November 2007, Defendant A entered the Non-Party 1 Securities Co., Ltd. (hereinafter “Non-Party D”) and worked as a branch office in charge of the affairs of the non-Party D branch from that time.

B. According to the business management guidelines of the non-party company, when making a deposit by the customer's internal store, it is necessary to receive the deposit sheet and receipt from the customer and check it in the presence of the customer and receive it. The so-called "the disposal of the provisional payment" is prohibited.

C. Nevertheless, Defendant A requested Defendant B and Defendant C to deposit funds into Defendant A’s account in the form of a single speculative securities option account (Account Number E) in his name, and to use such funds for futures trading. Defendant B and C requested Defendant B and Defendant C to deposit funds into Defendant A’s account in the form of a so-called “provisional payment” in which funds were deposited and processed only by computer as if funds were not received even if funds were not received in fact at the above D branch. Defendant B and C accepted Defendant A’s request.

At around 14:30 on April 6, 2012, Defendant A asked Defendant C to deposit KRW 20 million with the above futures account in violation of the business management guidelines as above in order to conduct futures trading at the non-party D branch. Defendant C, even though it did not receive money from Defendant A, provided that as if it was deposited with the above futures account in the name of Defendant A using a business-use computer device, he entered false information as if it was deposited with the above futures account in the name of Defendant A, thereby allowing the Defendant A to do futures trading by using the above money, thereby soliciting a total of KRW 36 times until May 9, 2013.

E. In addition, Defendant A’s branch of Nonparty A around 09:08 on July 3, 2012 at the point of Nonparty D Company D.

In the same manner, Defendant B asked Defendant B to deposit the said futures account with the amount of KRW 50 million and using the said money.