beta
Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On November 2007, the Defendant entered the victim M&S corporation and worked as a branch office in charge of the business affairs of the above company E from that time.
According to the victim company's "business operation guidelines", "the handling of deposits by customer's internal points shall receive deposits and receipts from customers and check them in the presence of customers." Further, since the processing of provisional payments is not only an act that damages the foundation of sound financial transaction order, but also an abnormal business that is likely to be connected to financial accidents, such act is prohibited."
Nevertheless, the Defendant: (a) deposited funds in one of the securities futures option accounts (Account NumberF) under his name; (b) asked G and H to receive futures trading using such funds; and (c) requested G and H to deposit funds into the Defendant’s account in a so-called “deposit” method that only deposits are processed as if the funds were deposited in a computer, even if there was no actual receipt of funds in the said E; and (d) G and H accepted the Defendant’s request.
1. On April 6, 2012, the Defendant and H’s co-principal committed a futures trading in victim E companies located in Gangdong-gu Seoul Metropolitan Government, ordering H to deposit KRW 20 million with the said futures account, in violation of the business operation guidelines as seen above, in order to conduct futures trading in the victim E companies located in Gangdong-gu Seoul Metropolitan Government, and H had H enter false information into the said futures account under the Defendant’s name as if it was deposited in the said futures account using a business-based computer device in which the Defendant did not have received money from the Defendant, and H had the Defendant do so using the said money.
From that time to May 9, 2013, the Defendant and H deposited a total of KRW 2 billion over 36 times in the same manner as shown in attached Table 1, and the Defendant is above the Defendant.