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(영문) 창원지방법원 마산지원 2016.10.12 2016고단859

자본시장과금융투자업에관한법률위반등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A’s violation of the Financial Investment Services and Capital Markets Act and the opening of gambling spaces, Defendant A, etc., by sharing the roles as follows with “E” and offered to operate the private futures trading site in sequential order.

(1) In order to carry out domestic and foreign futures trading, “E” and “F (one name “G”) must have high deposit money, and when paying deposit money, if the member is unable to carry out futures trading, some members are recruited as members and distribute HTS (HTS) to its members depending on the tendency of its members, and through which the members selected the items, quantity, etc. of stocks and the number of stocks, etc. and made an order for purchase, even if the members did not actually purchase it in the securities market, the public sale appears to have been made as if the purchase transaction was on the HTS screen and the public sale service did not actually carry out sales and purchase in accordance with the order, so-called “the so-called “the method of virtual trading,” so-called “the method of opening a futures trading on the screen,” or the remainder “the result of opening a futures trading at the rate of 15 or 15 or 15 or 15 or 15 of the following futures trading in connection with C/S500 index.”

② “J” is an intermediate manager, who is an individual Internet broadcasting station site, which can give publicity of the private futures trading site by ordering Defendant A and other business offices, and is not an expert, such as the name BJ (Brosting Jocky, personal broadcast provider), and stock holding operator.

③ “Specialized personnel” such as KJ L are recruited by advertising the above private futures trading site.

(4) M, N,O, P, Q, etc. shall play a role in attracting members as an employee of the call center.

(5) R (S) and “T” shall be the call center.