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(영문) 대구지방법원 2016.10.11 2016고단3596

자본시장과금융투자업에관한법률위반

Text

1. Defendant A shall be punished by imprisonment for two years, by imprisonment for one year and six months, respectively;

2. However, Defendant B and C.

Reasons

Punishment of the crime

Defendant

A from March 27, 2013 to June 27, 2016, a general manager of a private futures site was in charge of overall affairs, such as provision of criminal funds and management of profits. Defendant B was in charge of extra-consect and fund management of securities experts necessary for the management of team leader level and the site operation from March 27, 2013 to June 27, 2016. Defendant C was in charge of the management of business teams and the management of stocks (M) from August 4, 2015 to June 27, 2016.

The Defendants, together with N,O, P, Q, R, T, U, V, X, Z, Z, AA, AB, and AC, opened a private futures trading site and recruited members who have difficulty in carrying out futures trading because they do not have any deposit money, and arranged them to conduct futures trading by using a single investment securities and securities futures account with which the entrusted deposit money is deposited according to the investment trend of the recruited members, and then received a fee for each transaction from the members at a certain rate of gift purchase amount (investment amount). The members of the futures investment planned to open and operate the Internet illegal futures trading site by acquiring dividends and earnings according to the fluctuation of trading index.

The Defendants, without obtaining a financial investment business license from the Financial Services Commission, set up and offer a computer, office (one time to two years), computer, and office (one time to two years) in Daegu-gu AD, 104 Dong-gu, 301, Daegu-gu L Building, 102 Dong-gu, 703, and Daegu-gu AE, 1203, and operation office (one time to two years), and operated and managed the Home Trading System (HTS) program, a private futures trading site of the Korea Exchange CF 200.

In addition, futures trading experts and the defendants engaged in the African TV and the Nos.S. net industry.