A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The Defendant is a person who works as the head of D Securities Co., Ltd. (hereinafter referred to as “D”) in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “D”) from September 2007 to October 201, and has been in charge of the operation, etc. of deposited funds of Victim E Co., Ltd. (hereinafter referred to as “E”) from October 2008.

No investment broker shall trade financial investment instruments with property deposited by an investor in the absence of an order for trading such financial investment instruments from the investor or his/her agent.

Around October 26, 2009, the above E deposited KRW 2 billion in a comprehensive asset management account (DMAF) and deposited KRW 4 billion in the above account on or around January 8, 2010. The Defendant, as a good manager, has managed the above funds as a duty, and in its disposition, has breached his duty to obtain the consent of E or G, who is a person in charge of the above E or its funds, and without permission of KRW 200 million out of the above funds without permission of KRW 5 billion from that time to KRW 1.5 billion (DMAF), and from that time to January 20, 2010 to KRW 25 billion (DMAF) and without permission of KRW 600,000,000,000,000 from that time, to KRW 1.5 billion,000,000,000,0000,000,000 won and KRW 1.5 billion,000,000,000.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of a witness I;

1. The prosecution and the police against the defendant, respectively.