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(영문) 대전지방법원 2016.09.30 2015고단3926

상법위반등

Text

Defendant

A In 6 months of imprisonment with prison labor, the No. 1-A of the judgment of the defendant B, and No. 1-B of the judgment of the defendant B.

Reasons

Punishment of the crime

On May 10, 2016, Defendant A was sentenced to one year and eight months of imprisonment with prison labor and three years of suspension of execution on May 18, 2016 at the Daejeon District Court on the grounds of a violation of the Punishment of Violences, etc. Act (joint injury), etc., and the above judgment was finalized on October 2, 2013. Defendant B was sentenced to two years of suspension of execution on October 11, 2013 and the above judgment became final and conclusive on October 11, 2013, and was sentenced to two years of imprisonment with prison labor at the Daejeon District Court on June 16, 2016, and the above judgment became final and conclusive on August 23, 2016.

Criminal facts

[Attachment, E, F, G, etc.: (a) recruited persons who intend to establish and use a private futures trading site by using the fact that it is difficult to conduct futures trading without any deposit in order to conduct futures trading, which is derivatives within the Exchange Chapter; and (b) mediates certain amount of consignment deposit to conduct futures trading using a securities account under the name of H, I, etc.; and (c) made them conduct virtual futures investment in connection with the 200 index; (d) receive fees calculated at a certain ratio of the investment amount from members for each transaction; (e) in the event of virtual futures investment, profits are generated from exchange transactions and losses are collected, and (e) collected the amount of money equivalent to E, etc. to operate the website by acquiring them.

Accordingly, E, F, etc. instructed G to recruit borrowed accounts and collect cash in order to clean criminal proceeds, etc. to be acquired while operating the above site, and G requested the Defendants to seek a borrowed account in the name of the corporation through Defendant B, etc., which is a single organization of violence in the area of J and Daejeon.

[Public invitation to commit the Defendants] Defendant B was made at a coffee shop where the trade name in the Seo-gu Daejeon Warman on February 2, 2013 cannot be known.