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(영문) 서울남부지방법원 2016.04.06 2015고단3735

자본시장과금융투자업에관한법률위반

Text

Defendant

B Imprisonment of 10 months, Defendant A shall be punished by a fine of 15 million won, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. No defendant B shall engage in daily forestry for investment, which is engaged in the business of acquiring, disposing of, or operating by any other means, financial investment instruments by receiving investment money from an investor, in whole or in part, from the Financial Services Commission without making a registration of a financial investment business, and receiving investment money from the investor;

The defendant is a person who operates an investment-oriented forestry without being registered with the Financial Services Commission in Gangnam-gu Seoul Metropolitan Government and in 1609.

On May 13, 2014, the Defendant agreed to receive 40% of the profits from investors H at the office of the FX M&A and agreed to receive 40% of the profits from the FX M&A, and traded FX M&D by opening an account in the name of “I”, a company specializing in foreign exchange transactions in the U.S., with H opened an account in the name of KRW 8 million for the purpose of exchange futures trading in order to exchange profits by purchasing currency expected to increase the value by 500 times (e.g., risk effects, difference for each futures company) of the two countries, and selling it after the increase in value.

Accordingly, the Defendant, as seen above, received full or partial entrustment of investment judgment from H and engaged in FX M trading, which is a financial investment instrument, from around May 26, 2015 to around May 26, 2015, received from investors 198 to KRW 7,676,10,000 as investment money, and engaged in FX M-related trading, such as FX M-related trading.

2. Defendant A Co., Ltd. and the Defendant, the actual representative of the Defendant, carried out the unregistered forestry business as above.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of the suspect against the defendant B by the prosecution;

1. Each investigation report (a.g. appending A Company’s Blob copies/J Company, K Company’s Internet Search Results/ Investor’s partial statement.