자본시장과금융투자업에관한법률위반
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall engage in financial investment business without obtaining authorization therefor under the Financial Investment Services and Capital Markets Act.
The Defendant in collusion with a name-free winner (hereinafter “the head of the E office”), and from December 1, 2012 to January 2013, the Gangnam-gu Seoul F Building 2, Gangnam-gu, Seoul: the Defendant: (a) publicizes H, a private futures trading site, by advertising H through a private futures trading site or by posting a notice on a securities-specialized G site; (b) opened the said site at a price below China; (c) lent securities to operate the call center to enable its members to engage in futures and FX futures trading through the said account; and (d) received fees (the investors deposited money into the I Bank and a company bank account in the name of the NA, the operating account of the above site, to the extent that it was average of KRW 160,000,000,000,000,000,000 won).
Accordingly, the defendant, in collusion with the head of E office, engaged in financial investment business (investment brokerage business) without obtaining authorization from the competent authorities.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of each police suspect with regard to I;
1. Statement of each police statement to J;
1. Data on closures;
1. Application of Acts and subordinate statutes on the screen of the institution financial company concerned;
1. Article 44 of the Act applicable to the facts constituting an offense, and Articles 44 subparagraph 1 and 11 of the Financial Investment Services and Capital Markets Act;
1. Article 62(1) of the Criminal Act provides that the Defendant has continuously committed the instant crime even though having been sentenced to a fine of KRW 10 million for the same crime on December 4, 2012. However, in light of the period of the instant crime, the number of members recruited, and the size of profit, etc., it is difficult to view that the crime is serious.