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(영문) 서울중앙지방법원 2016.02.18 2015고단7707

자본시장과금융투자업에관한법률위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

1,078,100,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

With respect to futures and options, which are derivatives in the Exchange Chapter, the Defendant requires a customer to pay only fees without a deposit deposit deposit, and a customer’s order for trading futures and options to a securities company, or a home trading system for private futures trading (HTS; hereinafter “HTS”) linked to the COS 200 index, etc.

It is a person who generally maintains and manages the program development and its system.

Around April 2012 to May 5, 2012, the Defendant requested D to develop the HTS program for futures trading and options trading brokerage on condition that the Defendant would receive KRW 5 million development cost, and KRW 10 million each month, and around that time, developed it and deliver it to D. Around October 2012, the Defendant requested D to develop the HTS program for private futures trading on condition that KRW 10 to 20% of the operating revenue of the virtual futures trading site would be paid monthly. Around that time, the Defendant developed the HTS program and delivered it to D.

Accordingly, around October 2012, E, D, etc. opened a private futures and options trading site on the 6th floor of the F building in Gangnam-gu Seoul Metropolitan Government (State) G office, etc., including “H, and recruited members to trade futures trading items, etc.,” 200 OS20 OS20 OS, if the members deposit cash into the national bank account in the above website and HTS, the cash deposit account in the above G’s name, which is a cash deposit account posted on the above website, they deposit account in the above website and HTS, set aside as cyber money for trading converted from 1:1 ratio. From around 09:00 to 15:04 on a normal day, to arrange for members to trade in futures and options using the above securities account, etc., depending on their investment tendency, or to enable members to do so under the exchange 200 OSS’s view that they pay the remaining amount after deducting from the commission.