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(영문) 광주지방법원 2017.12.20 2017고단2971
명예훼손등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was trading futures options through D Co., Ltd. from around 2001 to around 3, 2008, and transferred the account to D Round branch from around 13, 2008 to October 13, 2008.

person is a person.

In a case where the Defendant paid additional deposit money to the Defendant’s account opened at D Round branch on October 6, 2008 due to a sudden decline in the stock price index at the time of opening the futures option trading market on October 6, 2008, and then made a new propagation after paying the deposit money, the level of deposit money required according to the change in the closing price of the gift concerned is changed every day from this day.

If the price is established in the direction unfavorable to the customer's integrity, the customer's deposit money may be reduced, thereby falling below the maintenance deposit money.

At this time, the amount of money less than the maintenance deposit is "additional deposit" and the additional accumulation of the deposit is required.

129,501,254 won occurred. From around that time to October 12, 2008, the Defendant intended to trade by means of sale or purchase that terminates an unsettlement agreement to resolve the additional deposit money. However, the Defendant’s order was automatically rejected by the computerized system of the D Co., Ltd. on the ground that most of the orders issued by the Defendant constituted an order to increase the consignment deposit amount. Under such circumstances, the Defendant continued to trade in futures options by October 13, 2008 through the said account until October 13, 2008, but the outstanding amount deposited by the Defendant 393,201,862 won remains, but did not change this.

D Co., Ltd. filed a lawsuit against the defendant on May 8, 2009 claiming damages equivalent to the above failed principle. On this issue, the defendant filed a counterclaim claiming payment of the amount of KRW 350,000,000, and the judgment was rendered at the Gwangju District Court 2009 combined 5034, 6068. However, on December 23, 2009, the defendant was fully disqualified at the trial of the court of first instance on January 13, 201, and on May 26, 2011.

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