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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, along with E, F, G, H, I, J, K, L, etc., deposited investment funds into the securities account, and then purchased shares by borrowing funds from the company “Sock L,” with the aforementioned deposit funds as security, and by again providing the purchased stocks and the balance of deposit funds as security by again providing the lending brokerage company as security, so-called “the so-called “B,” whereby the said funds for purchase of the said shares are received, and mainly from the funds for purchase of the shares, the stock price decline, etc. [in the case where there is a growing risk of opposing trading due to the decline of the said funds, the Defendant may acquire the funds for purchase of the said shares by borrowing funds from the company “Sock L,” without disposing of the securities by converting the funds for purchase of the shares from other funds for purchase of the shares into the funds for security, i.e., savings bank, capital loan, etc.
There is also a case in which the ices independently brokered the "alternative loan".
The lending lending or lending brokerage company shall deduct the amount which the prior payment is made by the lending brokerage company for the repayment of the existing loan without using it for the repayment of the loan, or shall repay the existing loan with the advance payment, or repay the advance payment with the new substitute loan.
In order to acquire money by means of disposing of stocks, etc. whose neighboring right has been terminated by using the fact that the existing neighboring right established on the securities account has been terminated until the new pledge right for the company is re-established, without providing as security the stocks, etc. whose neighboring right has been terminated by the time interval of about 1-2.
Accordingly, E shall plan the crime as a whole and shall take the whole process from the recruitment of participants in the crime to the distribution of profits.