A defendant shall be punished by imprisonment for one year.

The defendant pays 30 million won to the applicant for compensation by deceit.

3.2

Punishment of the crime

"2016 Highest 2934"

1. On July 6, 2011, the Defendant made an investment by entering into a contract on the consignment of fund management with the Defendant’s bank account (Account Number:G) and entering into an investment contract with the F and the principal guaranteed fund management amount of KRW 37 million after the Defendant was transferred from the victim E to the Defendant’s bank account (Account Number:G), while keeping the said Defendant in the said bank account, the Defendant stated that the said amount of KRW 7 million will be invested in the said amount of KRW 37 million, while keeping the said amount of KRW 7 million in the said bank account.

On February 9, 2012, the Defendant heard the victim E’s talk that “a request to make an additional investment in the F products already invested,” and received and stored KRW 20 million from the said victim to the said bank account.

On March 15, 2012, the Defendant: (a) transferred the funds invested in F to the Victim E (F due to the market situation) from the victim E to the said bank account, “on February 9, 2012, the amount of KRW 20 million sent on February 9, 2012, but is still in custody and is not invested in F goods; (b) if the money invested in F goods is collected and paid out, the amount of money being invested in F goods will be invested in F goods as stable; and (c) the Defendant received KRW 32 million (30 million of the said invested principal, KRW 30 million of the said invested principal, and KRW 2 million of the profits) from the said victim to the said bank account.”

For the foregoing reasons, the Defendant embezzled the said victim’s investment capital amounting to KRW 57 million (i.e., KRW 5 million among the above KRW 7 million) on behalf of the victim E, by arbitrarily using the said victim’s investment in other financial instruments without obtaining the said victim’s consent.

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