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(영문) 서울서부지방법원 2017.03.17 2016고정1165

자본시장과금융투자업에관한법률위반

Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

From January 2007, the Defendant was an employee in charge of the management of securities accounts opened in the name of investors C from September 2010 to the new financial investment company, which is a financial investment business entity, as an employee in charge of the management of stocks, financial instruments, customer assets, etc.

1. At the E-legal office located in Mapo-gu Seoul Metropolitan Government on April 14, 2014, in order to compensate for part of the loss suffered by the said C, one promissory note issued to C at par value of KRW 50,000,000, and on April 1, 2020 on the date of payment, to the effect that a notary public does not raise any objection even if he/she is subject to compulsory execution when he/she delays the payment of the bill for the bill on the same day, one copy of the Promissory Notes No. 346) issued in the E-legal office to the effect that a notary public does not raise any objection even if he/she is subject to compulsory execution;

2. On May 7, 2014, in order to compensate for part of the loss sustained by C at the place referred to in the foregoing paragraph (1) above, in order to issue to C one promissory note with face value of 50,000,000, and one promissory note with face value of 50,000,000 to C on May 7, 2021 on the same day, and in the event of delay in the payment of the promissory note with respect to the said note on the same day, a notary public does not raise any objection even if he/she is subject to compulsory execution, one copy of the promissory note process (certificate number: No. 421) prepared by the E-legal office;

3. On September 2, 2014, in order to promise in advance to guarantee a certain amount of profit to C at the place under the foregoing Paragraph 1, in order to operate a securities account opened in the name of C and pay 10,000,000 per month to C, and in the event that there is a benefit of KRW 20,000,000 per month, one copy of a share account transaction agreement with the purport that the Defendant will hold the excess amount;

4. At around October 17, 2014, in order to compensate for part of the loss sustained by C at the places referred to in the foregoing paragraph (1) above, a notary public shall issue to C one promissory note with face value of 277,715,662 won, and one promissory note with face value of 277,715,62 won, and payment due date of January 17, 2015. If a notary public delays the payment of the note with respect to the note on the same day, he/she shall have no objection even if he/she is immediately subject to compulsory execution.