자본시장과금융투자업에관한법률위반
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding thirty thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
No one shall engage in financial investment business without obtaining authorization.
The defendant suggested that an individual should deposit large amounts of money when he/she carries out the FX transaction through a futures company, and that he/she should pay a large amount of fees for the transaction. After opening an account by depositing basic deposits, the defendant recruited small-sum investors as members and let them carry out futures trading through the account opened by the defendant and received certain fees each time of transaction.
On December 3, 2010, the Defendant established 16 computers at an office of 60 square meters on the 1st floor of the building D in Dongdaemun-gu Seoul, Dongdaemun-gu, and opened “E” offices, and had many and unspecified persons, who either found the above office or who had access to the website (F) opened on the Internet, make 10,000 won per exchange rate (based unit of exchange margin transaction) and opened in the name of the Defendant, through a domestic futures company account opened in the name of the Defendant.
From the above date and time to March 10, 201, the Defendant had many unspecified persons engage in FX-related transactions with an unspecified number of people by the said method, and sold approximately KRW 50,000 per month.
Accordingly, the defendant is running financial investment business without obtaining authorization.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Part of the prosecutor's office and police interrogation protocol of the defendant
1. The police statement of H;
1. A written accusation;
1. Commercial register and business registration certificate;
1. Each interpellation and civil petition reply;
1. Application of the Acts and subordinate statutes on the sample of a siren transaction agreement, a copy of the website, and the theory of the FXM transaction;
1. Relevant Article of the Act on the Punishment of Criminal Crimes and Articles 444 subparagraph 1, 11, and 447 of the Financial Investment Services and Capital Markets Act (Concurrent Imposition of Fines) of the same Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;