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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 4, 2013, the Defendant: (a) lent KRW 300 million to the Youngdong hotel coffee; (b) provided 100 million shares of a victimized company as security until January 31, 2013; (c) entered into a loan agreement with the FF of a director in charge of planning the victimized company to sell within the limit of 30 million shares each day until February 1, 2013; (d) provided 30 million shares as security; and (e) provided 1 million shares as security by the victimized company with an additional amount of KRW 30 million on January 8, 2013.
While the Defendant kept 2 million shares of the victimized Company as collateral for the victimized Company, the Defendant sold only the sum of 420,000 shares (i.e., the portion agreed on Jan. 4, 2013) and 340,000 shares (i.e., the portion agreed on Jan. 8, 2013) before January 25, 2013, and 7.60,000 shares (i.e., the portion agreed on Jan., January 7, 2013), in violation of a special agreement, sold 1,00,000 shares in total from Jan. 7, 2013 to the 24th day of
Ultimately, from January 17, 2013 to January 24, 2013, the Defendant arbitrarily sold 240,000 shares of a victimized company and embezzled KRW 143,562,579.
2. On January 24, 2013, the defrauded sent a false report on trading with the content that he/she sold 340,000 shares among the shares kept in his/her custody to FF of the victimized company, and then sent the false report to F, on January 25, 2013, the defrauded’s hotel coffee store located in Jung-gu Seoul, Jung-gu, Seoul, stating that “The said F would return 60,000 shares, regardless of the stock price fluctuation, except for the sales volume confirmed under his/her own responsibility as of January 25, 2013, 340,000 won of the sales volume confirmed as of February 7, 2013, 2013.”
However, in fact, from January 7, 2013 to February 24, 2013, the Defendant sold 582,535,700 shares of KRW 1 million and recovered most of the principal amount of KRW 600 million.