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A defendant shall be punished by imprisonment for six years.
Reasons
Punishment of the crime
1. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) from November 1, 1989 to August 2015, has been engaged mainly in the customer’s asset management business, such as selling financial instruments, consulting on the issues of stocks, and selling, etc., to the victim NH Investment Securities Co., Ltd. (the name of the company at the time of the first entry was luxable securities, but thereafter, the name of the company was changed in the order of EL investment securities, NA investment securities, and NH investment securities)
When the Defendant, while attending the above company, was personally investing in stocks, but was likely to incur a big loss, he was willing to pay for personal losses by transferring funds deposited in the securities account of the customers who manage the company to his family and borrowed-name account in his name, and again transferring funds to the account in the name of the Defendant.
Around October 25, 2002, the Defendant: (a) transferred KRW 2,300,000 to the National Bank Account (H) in the name of the Defendant’s leisure G that was managed by the Defendant and consumed personal stock investment from around July 2, 2015 to around July 2, 2015; (b) transferred KRW 2,03,00 to the National Bank Account (H) in the name of the Defendant’s leisure G that was managed by the Defendant; and (c) transferred KRW 2,30,00 in the name of the said company’s customer account from around 197 to around 27, 2015 to KRW 2,03,00 in the name of the Defendant’s customer E and his family account; and (d) transferred KRW 2,03,48,926 in the aggregate of KRW 291 in the name of the said company’s customer E and his family account; and (e) transferred KRW 287,2787,2787,7875,787,71.
Accordingly, the Defendant embezzled the property of the victimized company.
2. The Defendant, on April 15, 2015, is NH Investment Securities Co., Ltd., a NH investment securities company located in 122, Young-ro, Young-si, Sucheon-ro, 122.