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(영문) 수원지방법원 성남지원 2019.02.20 2018고정1195

자본시장과금융투자업에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one may engage in investment advisory business or discretionary investment business, without making the registration of the financial investment business under related provisions.

Nevertheless, from April 2018 to May 2018, the Defendant received KRW 1.5 million from B on two occasions in the name of investment advisory fee (tentatively referred to as “surve trading fee”) and provided stocks (purchase method, sale method, loss by hand, recommendation, etc.) to C and by telephone, and operated unregistered investment advisory business.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes on the remittance details and Cfags;

1. Article 45 of the Financial Investment Services and Capital Markets Act and Articles 445 (Selection of Fine) 1 and 17 of the same Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.