A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the vice president of D. From August 2009 to September 201, 201, the Defendant worked as the futures option director at the “E branch” to take charge of futures investment and customer management business.

On March 2009, the Defendant came to know the Victim G who had been consulted with a customer at the time of working as the F branch office, and provided investment consultation, and obtained trust while getting trust. Based on this, the Defendant used it to attract investment from the victimized party and received allowances and agreed to distribute investment profits with the victim.

1. On August 28, 2009, the Defendant: (a) stated to the effect that “In the second floor “E branch” of the Busan Shipping Daegu HH building, the Defendant: (b) deposited KRW 30 million on August 28, 200, to the victim’s account in the name of Busan Bank, the Defendant: (c) deposited the victim with the second floor “E branch”; (d) opened two gift option accounts in the name of the victim, namely, “in the case of transfer of KRW 60 million to the account in the name of the victim in the name of the Busan Bank; (e) transferred the proceeds derived from the victim’s transfer of KRW 60 million to the account in the name of the victim, the consolidated account; and (e) deposited the victim’s account in the name of the victim.”

In addition, on November 4, 2009, the Defendant stated to the effect that “The Defendant would transfer the shares entrusted to our investment securities to E branch”, and had the victim believe that it would give profits from the management of the shares to E branch. In other words, the Defendant would have the victim transfer the amount equivalent to KRW 102,826,070 of the appraised value of shares at the time of the transfer from tin to the consignment account (Account Number: L) in the name of the victim linked to the above futures option account managed by the Defendant, and opened the E share account (Account Number: M).

However, in fact, the defendant did not have the ability to pay the above profits finally to the victim, and the victim was unable to preserve the principal due to the occurrence of loss in the futures option account in the above victim's name, which was entrusted and managed by the defendant.