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A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2012 Highest 2294]
1. The Defendant made a false statement to the effect that, when dividing the victim D who is a university alumni with the victim D and the flat dialogue, as if he had been well aware of the financial instruments such as stocks, etc., the Defendant would take the part of the loss of KRW 4.5 million on his own initiative to the Defendant, while making an investment in the amount of KRW 20 million on November 2009 at his own initiative and 4.5 million on the part of the Defendant incurred the loss of KRW 4.5 million on the part of the Defendant.”
However, the facts indicate that the Defendant was trying to invest in futures and options using the victim’s money. The futures and options were typical high profits and investment methods of high risk. At the time, the Defendant was an initial personal investment with no financial institution’s work experience. From May 2008 to March 3, 2009, the Defendant invested shares of KRW 150 million in E’s shares from February 24, 2009 to November 23, 2009, and then invested KRW 36,888,860,000 in futures and options again and did not have any capacity to compensate for losses or losses, as well as to compensate for losses or losses incurred by the victim.
Nevertheless, the Defendant received from the victim KRW 3 million around November 24, 2009 and KRW 12.5 million around November 25, 2009.
2. On November 2009, the Defendant came to know of the fact that the victim invested and manages the amount of KRW 250 million 200,000,000,000 put by the victim to SK Securities Fund, and that the victim incurred losses from the investment of the said Fund, he had the intent to invest in futures and options using the said money of the victim.
On November 2009, the Defendant laid off the part of the share loss amount to the victim by telephone at the lower court’s lower court.
The existing SK Securities Fund, which manages the money of the reference, is the fund.