From that time, the victim was acting on behalf of the defendant using an authorized certificate and password under the name of the defendant, and using the shares of the defendant, futures option account.

On June 9, 2016, the Defendant received 66 weeks (the trading unit price per share 58,109 won) of the “F” owned by the victim for continuous futures trading as a share account (G) and was in the position of custodian for shares suffered by the victim by receiving 10,164 shares of 54,191,01 shares owned by the victim during the period from January 26, 2017 to January 26, 2017, as shown in the list of crimes in the attached Table, as shown in the list of crimes.

Nevertheless, the Defendant, at around January 24, 2018, did not comply with the Defendant’s request for return of the stocks that the victim entered into the account in the name of the Defendant, on the grounds that the victim, as the main agent of the Defendant, did not incur economic loss to the Defendant while carrying out futures trading.

Accordingly, the Defendant refused to return the shares received by the victim as above, thereby refusing to return 54,191,01 won of the total value received by the victim.

2. Determination

A. Although the Defendant had refused to return the victim’s shares, the Defendant agreed to preserve the shares.