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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
From June 1, 1989 to September 25, 2003, the Defendant was a person who worked as an agent at the Busan Busan Branch Co., Ltd. and was delegated with comprehensive delegation for securities transaction from the victim E by the husband of the victim D and his husband, and operated the shares account under the name of the victims.
1. Where any securities transaction is entrusted by a customer violating the Securities and Exchange Act, such transaction may be conducted under a discretionary decision only on the quantity, price, and time of trading, and in such cases, the types and items of such securities, the classification of trading and the time of trading shall be determined by the customer;
Nevertheless, on May 20, 2002, the defendant received 80,000,000 won from May 23, 2002 to the stock account (Account NumberF) opened in the name of female from the customer D at the Busan Busan Branch Co., Ltd., Busan Branch, Busan, Busan, and then received 80,000 won from May 23, 2002.
7. By October, 198, trading was conducted without decision of D as to the type, issue, classification of trading, and time of shares.
B. Around October 17, 2002, the Defendant received 30,000,000 investment money from the shares account (Account Number G) opened in the name of the said E, a customer, at the said place, at the same time, and traded shares without the decision of E, between October 25, 2002 and December 30, 2002.
2. Occupational embezzlement;
A. On July 10, 2002, the Defendant arbitrarily transferred KRW 54,489,678, which was deposited in a stock account, to the futures option account of H operation, the husband, while managing the above stock account under the victim D’s name, and keeping the investment money for the victim in business.
Accordingly, the defendant embezzled the victim's property.
B. On December 30, 2002, the Defendant, while managing the above shares account in the victim E’s name at the above place, operates a share investment fund for the victim.