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The defendant is innocent.
Reasons
1. Around June 3, 2013, the summary of the facts charged: (a) the Defendant stated that “A victim C shall not open an account under the name of a bad credit holder; (b) the Defendant opened a security account under the name of the victim at the new financial investment Dong branch; and (c) received a security card, password, and passbook from the victim; (d) the Defendant was able to invest in the futures of shares with the borrowed money from the victim; and (e) the Defendant received a false statement from the victim at the restaurant located in the Busan-dong Madong-dong, Busan-dong, stating that “I wish to pay the borrowed money immediately if I want to do so; and (e) the Defendant received KRW 16 million from the victim’s new financial investment account under the name of the victim on the same day; and (e) the Defendant received KRW 5 million from the Defendant’s new financial investment account on the same day; and (e) transferred the money to the Defendant’s company account on the same day; and (e) the Defendant transferred the money to the Defendant’s new financial investment account on the same day.
2. The facts charged in the instant case seems to be basically premised on the premise that the money issued by the victim to the Defendant is a general loan.
However, as a result of the examination of evidence, in particular, the fact that the Defendant had operated a securities account in the name of another person and paid considerable profits, the Defendant recommended the victim to make an investment that he would gain profits from securities investment, opened a futures option account in the victim’s name and deposited money into the account (part of the deposited into a futures option loan account), the victim was also aware of the information such as the account number and password, and the victim received some profits from the Defendant, the money issued by the victim to the Defendant can be viewed as profits through futures investment from the Defendant known to have received considerable profits from securities investment.