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(영문) 서울남부지방법원 2018.05.18 2017고단5884

자본시장과금융투자업에관한법률위반

Text

Defendant

A Imprisonment with prison labor for two years and fines for 200,000,000 won, and Defendant B shall be punished by imprisonment for one year.

Defendant

A above.

Reasons

Punishment of the crime

1. No person who is a defendant A shall engage in financial investment business without obtaining authorization from a financial committee member's meeting;

The Defendant, from around December 2, 2013 to May 2015, operated the business partnership in Yeongdeungpo-gu Seoul Metropolitan Government, and from May 2, 2015 to December 2016, the Seoul Gangnam-gu Seoul Metropolitan Government Association for Sales of Non-listed Stocks.

From March 2014 to December 2016, the Defendant received an intermediary fee of KRW 1,634,04,296 from an unspecified number of investors by mediating the sale and purchase of non-listed stocks in the manner of buying and selling the stocks in the name of investors by purchasing the stocks of the non-listed company in the remaining amount after deducting intermediary commission from the purchase price of the stocks of the non-listed company, such as the F. In the name of the Dispute Resolution Co., Ltd., which was operated by the Defendant, from an unspecified number of investors.

Accordingly, the Defendant run a financial investment business (investment brokerage business) without obtaining an authorization from a financial member's association.

2. Defendant B, at around 12:30 on January 13, 2017, with the knowledge of the fact that he/she would be subject to investigation into criminal facts by engaging in financial investment business without obtaining authorization from a meeting of the financial committee members in Gangnam-gu Seoul Metropolitan Government (not later than February 3, 2017), Defendant B, with the consent of the said G and G, has run a financial investment business.

H (Detention Prosecution, February 3, 2017), with two computers used in the KOE office, and with the defendant's office, concealed evidence on other person's criminal cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of the protocol concerning the interrogation of the suspect against Defendant A, or the protocol concerning the interrogation of the suspect against Defendant B

1. Application of Acts and subordinate statutes to investigative reports (report on the results of inquiries into the authorization for financial investment business with respect to I, etc.) copies of the investigation reports (report on the results of inquiry into the financial investment business with respect to I, etc. attachment of CDs), investigation reports (report on the confirmation of details of trading over-the-counter stocks

1. Relevant Articles of the Act concerning the facts constituting the crime;