자본시장과금융투자업에관한법률위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the only in-house director of the Bank of Korea.
No one may engage in investment advisory business or discretionary investment business, without registration of the financial investment business under the Financial Investment Services and Capital Markets Act.
Nevertheless, the Defendant entered into an operating agreement with investors D to the “Operation Account: E-securities (Account Number:F), management period: Basic year: Derivatives transaction, derivatives transaction, performance fee rate: 10% of the profits, and the truster shall delegate his/her authority concerning the management method to the trustee,” and from around October 16, 2015, the Defendant operated a discretionary investment business to manage the investment by discretionary investment business with discretionary power from customers, such as receiving profits distribution, through an automatic futures option trading program through the aforesaid D E-securities account in Seoul, Gangnam-gu, and 2nd degree of May 12, 2015.
Summary of Evidence
1. Police suspect interrogation protocol concerning defendant's partial statement G;
1. An agreement including a written statement of the police with D and documents attached thereto;
1. Investigative into an earning rate by date and time of each transaction option;
1. Confirmation of whether the financial investment business is registered or not for the examination of civil petitions, examination, and investigation report;
1. The recording defendant asserts that the automatic trading system is not operated by the customer upon delegation of investment from the customer, but merely leased the order and acting by proxy.
The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the agreement prepared by the defendant and D, state that the contents of the entrustment are "the course index derivatives futures and options operation consulting" in addition to the system dispute, and "the truster".