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(영문) 부산지방법원 2013.11.20 2013고단4755

자본시장과금융투자업에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who works as a foreign futures company B and C IB (indubros and indubros) in the European Highest Country B and C.

The overseas futures companies, such as the above "B" and "C," are investment futures companies specializing in exchange-related transactions, which refer to transactions in which exchange profits can be obtained by selling up to 500 times the deposit money by predicting the value fluctuations in the currency of two countries after depositing a certain deposit amount.

Following the Internet portal site, the Defendant: (a) made a car page on the Internet portal site; (b) recruited domestic investors; (c) introduced Korean investors to the futures company of B, etc.; and (d) agreed with the futures company of the above B, etc. to receive 5 US$100,000 from the company as the rebates.

1. From January 29, 2010 to May 4, 2012, the Defendant: (a) introduced “B” (FDM) investors from the Defendant’s home located in Seo-gu, Busan; (b) notified E of the establishment, actual transaction account opening, HTS program and use method, remittance method, and deposit transfer account number (F) for foreign exchange transactions; (c) made E invest USD 2,500 from September 29 to May 4, 2012; and (d) made E make an investment of USD 640,493.38 (limited to KRW 735,639,372) in the same manner as indicated in the attached list of crimes; (d) made an investment of USD 740,493.38 (limited to USD 75,639,372) in the name of the Defendant’s bank in the name of KRW 750,790,000 in the aggregate; and (e) made rebates under the name of the Defendant’s account.

Accordingly, the Defendant, without obtaining authorization from the Financial Services Commission, carried out an investment brokerage business, which is an act of soliciting sale, purchase, and subscription of financial investment instruments.

2. The defendant violates the Foreign Exchange Transactions Act;

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