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(영문) 서울중앙지방법원 2016.09.08 2014가단243249
구상금
Text

1. The Defendant’s KRW 300,000,000 and its amount annually from July 9, 2014 to December 1, 2014, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant entered the Korea Securities Co., Ltd. (hereinafter “Korea Securities Co., Ltd.”) around November 2007 and works as the branch office B’s branch office.

On May 2013, dismissal was made around 2013.

B. The Plaintiff entered into an insurance contract for fidelity guarantee with the following content in order to secure the damages that the Plaintiff would incur as tort against the Nonparty Company and Defendant.

- The principal: One speculative securities and insurance period: from January 1, 2013 to December 31, 2013 (Termination as of May 31, 2013) and 300,000,000 won in the amount of insurance coverage.

C. The business management guidelines of the non-party company should be received from the customers when making a deposit by customer's internal points and should be confirmed by comparing them with the customer's face-to-face in the presence of the customer, and so-called "the disposal of provisional deposits" is prohibited.

C. From April 2012 to May 2, 2014, the Defendant ordered the employees in charge of the collection and withdrawal of deposits to deposit the amount of money from KRW 3 million to KRW 70 million in the non-party company futures option account (Account Number C) in his/her name, and deposited the amount equivalent to the amount of deposits by settling accounts at the time of the closing of business hours on the day after the futures trading was conducted using the funds.

On May 9, 2014, the Defendant engaged in futures trading with a deposit of KRW 300 million in its own account, and caused a loss of KRW 240 million in total for a day, such as additional deposit of KRW 400 million to cover the loss, and thereby engaged in futures trading with a deposit of KRW 1.8 billion in total. Ultimately, the Defendant suffered a loss of KRW 1.764 million in a day.

The defendant is above C.

On July 25, 2014, Seoul High Court Decision 2014No652 decided on July 25, 2014, which was sentenced to imprisonment with prison labor for two years and six months.

E. The plaintiff is insured against the damage suffered by the non-party company in this case.

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