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(영문) 서울남부지방법원 2013.04.11 2013고단422
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2008, the Defendant had been engaged in business related to stock trading, such as professional investors, B, etc., by engaging in a franchise of economic broadcasting.

In particular, the Defendant was close to the ELW transaction from among financial investment instruments, and the name of the liquidity supplier who supplies liquidity to the characteristics of the ELW transaction and the ELW.

On September 2010, the Defendant, from around September 201, operated and managed the funds of the victim C, who are interested in stock investment, and around June 201, entered 40% of the profits into the Defendant’s profit when the victim and the profits are made, and at least 5% of the losses occurred, the Defendant agreed to manage and manage the funds equivalent to KRW 1 billion in the name of D, which is the female student of the victim, on condition that the Defendant would compensate for losses.

The Defendant, while keeping and operating the funds of the victim deposited in the account of D in accordance with the above agreement, did not incur any loss of principal, did not receive any certain income, and did not pay repayment and interest on personal debts exceeding KRW 100 million, and when the amount of living expenses was no longer available, the Defendant was willing to use the victim’s funds deposited in the account of D to deduct the victim’s funds.

Accordingly, the Defendant used the best way to make the ELW transaction by taking advantage of the characteristics that there is no upper limit in the case of the ELW product, and there is a gap between the heading of the liquidity supplier (LP). In order to facilitate the crime, the Defendant planned to use the ELW product with rare trading volume.

Pursuant to the above plan, the Defendant’s home at around 12:46 August 5, 201, at the Defendant’s office of Yeongdeungpo-gu Seoul Metropolitan Government Office Office 1114, may use the key securities account (a linked account number National Bank G; hereinafter “Defendant’s account”) in the name of the Defendant via computers.

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