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(영문) 수원지방법원 2018.04.12 2018고단878

자본시장과금융투자업에관한법률위반등

Text

Defendant

A Imprisonment of one year and six months, Defendant B's imprisonment of one year, Defendant C, D, and E shall be sentenced to six months, respectively.

Reasons

Punishment of the crime

[Based on the premise facts] Defendant A established a private futures market through P by taking advantage of the fact that it is necessary to deposit more than a certain amount of money in order to conduct futures trading, which is derivatives in the Exchange Chapter, and that if there is no deposit, it is difficult to conduct futures trading. Defendant A collected personal information DB through Q to manage its employees and recruited people who want to use the said site, and had them conduct virtual futures trading in connection with the exchange channel 200 index. Defendant A had scam to operate the said site by acquiring fees calculated at a certain ratio of the investment amount and losses of its members for each transaction from its members.

Accordingly, Defendant A, around September 2016, took charge of the management team office in charge of entry and exit management of the members and the management team office in the Gu-Si R building 305, the call center 301, and the call center 2 team office in the Yeongdeungpo-gu Seoul Metropolitan Government Telecommunication Building 302 around January 2018, Defendant A, respectively, established a call center 302 team office in the Yeongdeungpo-gu Seoul Metropolitan Government, and (TM) had call center employees (TM) use personal information DB to recruit its members by e-mail and distributed the home network program by allowing them to receive the same amount of money from the recruited members to receive money from the designated account in the above site and exchange the same amount of money with the cyber money in the same way as a certain fee, acquired futures trading losses of members, completed futures trading, and paid the remaining cyber money into cash account.

Han Part P’s server management work, Q(one name U)’s distribution and personnel management work, etc., of personal information DB, Defendant B(one name V)’s management from September 25, 2016 to January 30, 2018, as the head of the pertinent call center’s team leader, and Defendant.