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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around January 17, 2017, the Defendant received a request from the victim C to assist in investment in stocks from the Defendant’s office located in Ansan-si (HTS), and the Defendant provided that “If the Defendant is responsible for the payment of securities account in the name of the Chairperson, he/she will manage the shares in the name of the Chairperson, and will he/she be responsible for paying 2% of the principal amount.” On his/her behalf, the Defendant received an authorized certificate, password, password, electronic program for securities transaction (HTS), and a temporary life typesetting (OTP), mobile phone, and received 185 shares in the name of the victim with the aforementioned D financial investment account on January 18, 2017 (based on January 18, 2017, KRW 49,97, KRW 405, KRW 197, KRW 1005, KRW 197, KRW 105,005, KRW 185,005, KRW 105,075, etc.). of shares under the victim’s name.
Around January 19, 2017, the defendant extended a loan of 300,000 won to the victim (Stockholm) on or around January 19, 2017.
It will pay interest of KRW 600,000 per month on the amount of existing investment capital of KRW 400,000 and KRW 200,000.
‘The fact, however, was the plan for personal use by lending KRW 300 million to the defendant's account and remitting KRW 100 million to the defendant's account.
Accordingly, on January 19, 2017, the Defendant filed a loan of KRW 300 million with the victim’s name, and received KRW 293,925,00,000, excluding fees from the said D Financial Investment Account from H Company. Upon receiving the remittance of the loan, the Defendant access the Defendant’s office to the computer program for securities transaction of D Financial Investment using the victim’s authorized certificate at the Defendant’s office, and without authority, entered information such as the OTP password received from the victim for stock investment, and then 10,000,000 won was actually used by the Defendant from the victim’s account.