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(영문) 부산지방법원 2018.05.30 2017고정2208

자본시장과금융투자업에관한법률위반

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Defendants shall be punished by fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendants are the joint representatives of the registered similar investment advisory firms under the trade name of E.

Although no one is allowed to engage in investment advisory business without being registered as a financial investment business under the Financial Investment Services and Capital Markets Act, Defendant A, by inserting information related to securities investment on the E’s Internet homepage, B, and by inserting such information on the company’s website, B, Defendant C, Defendant C, as its business place, up to the above investment information produced and processed by himself/herself, and the payer of the membership fee was recruited to provide data on the value of financial investment instruments, etc. and the judgment on the investment thereof through dialogue 1:1 conversation.

As above, the Defendants conspiredd 92 persons, including F, etc. from November 2, 2016 to February 12, 2017, to provide them with data on the value of specific financial investment instruments, etc. and on the judgment on investment thereof, and provided them with a total of KRW 80,450,000,000 by receiving membership fees from each transfer.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Photographss of each Kakao Stockholm conversation screened by cutting down the contents thereof;

1. Photographss by capturing the E-site;

1. A report on similar investment advisory business;

1. Application of Acts and subordinate statutes to an inquiry about account transactions;

1. Article 45 subparagraph 1 and Article 17 of the Financial Investment Services and Capital Markets Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, respectively, concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;