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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The summary of the grounds for appeal is that E is the defendant's friendship and the victim D is the victim's introduction to the defendant, and it cannot be deemed that the defendant's words, including the word "in the opposite trade", which is a professional use of shares, are delivered to D as it is, due to the relationship with which the defendant does not know about the investment of shares, and it is highly likely that the defendant will make a statement favorable to the defendant, and therefore, E's statement consistent with the defendant's defense
The court below rejected D’s statement and acquitted the Defendant without reasonable grounds in light of the following: (a) consistently stated that there is no timely statement that there may be counter-trade in the event of a price drop below the amount of security or below the amount of security; and (b) in light of the fact that it is difficult to deem that a large amount of shares transfer equivalent to 200 million won would have been made if he had known of such circumstances; (c) however, the court below rejected D’s statement without reasonable grounds; and (d)
2. Determination
A. On May 1, 2008, the Defendant, at the Seoul Central District Court, sentenced ten months of imprisonment for fraud, etc., and the said judgment became final and conclusive on July 24, 2008.
The defendant, around April 2007, recommended the victim D to make an investment in shares to the effect that "it is well aware that it has made a stock operation share at a prestigious Dong, and if it has made an investment in shares through her friendship, it may pay a lot of money." On April 12, 2007, the defendant made the new financial investment securities located in Seocho-gu Seoul Metropolitan Government Seocho-gu to open an account in the name of the victim, deposit the said securities account in the name of the victim, and then on June 4, 2007, deposited KRW 100 million in the said securities account." On June 4, 2007, the victim "on the other hand, 100 million won is making an additional investment," and the victim shall be 100 million won in the said securities account."