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(영문) 서울중앙지방법원 2016.07.05 2016고단2527

자본시장과금융투자업에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and has been sentenced to the same year.

3. 26. The above judgment was finalized.

No one shall engage in financial investment business without authorization therefor.

Nevertheless, upon the request of the representative director D of C (hereinafter “C”) to sell the shares of the company, the Defendant conspiredd to sell the shares in a way that the Defendant and D divide half of the sales proceeds by selling C shares with the intention of selling the shares through E operating the so-called “over-of-the-counter stock page” without obtaining authorization for a financial investment business, and with the intention of commonizing the sale of shares between the above E and the above E without obtaining authorization for a financial investment business.

Accordingly, on May 27, 2014, the Defendant sold 2,50,000 shares of C via E running a over-the-counter share car page, such as F, out of 300,00 shares of D around May 27, 2014. From around that time to June 30, 2014, the Defendant sold 1,050,000 shares of C through the above E’s over-the-counter share page.

Accordingly, the defendant conspireds with E to engage in investment trading business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D or G;

1. Details of customer account transactions;

1. Investigation report (a summary of video recording statement);

1. Previous convictions: (A) written inquiry results, investigation reports (a), criminal records, such as fraud of a suspect, and attachment of inquiry about confinement information), and application of the provisions of Part III of the judgment;

1. Article 44 Subparag. 1 and Article 11 of the Act on the Business of Financial Investment Services and Capital Markets (Amended by Act No. 13448, Jul. 24, 2015); Article 30 of the Criminal Act; the selection of imprisonment, etc.

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Financial Services Commission’s operation of the unmanned investment trading business, such as the instant crime, with the reason for sentencing Article 62-2 of the Social Service Order Act.