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(영문) 서울남부지방법원 2019.06.13 2018노844

자본시장과금융투자업에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) falls under the trading of financial investment instruments through an investment broker, and thus, the application of financial investment business is excluded pursuant to Article 7(6)2 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). It is not subject to authorization.

2. The term "financial investment business" in this Act means any of the following businesses, which is conducted continuously or repeatedly for the purpose of earning a profit:

(6) In any of the following cases, a financial investment business shall not be deemed a financial investment business under the subparagraphs of Article 6 (1), as prescribed by Presidential Decree:

2. When trading financial investment instruments directly with an investment trader or through an investment broker, no one shall engage in financial investment business (excluding investment advisory business, discretionary investment business, and hedge fund investment business; hereafter the same shall apply in this Section) without authorization (including authorization for changes) for the financial investment business under this Act;

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding two hundred million won:

1. A person who engages in financial investment business (excluding investment advisory business, discretionary investment business and hedge fund investment business) without authorization (including authorization for changes) for financial investment business, in violation of Article 11, shall not be deemed a financial investment business referred to in the relevant subparagraph in any of the following cases pursuant to Article 7 (6) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act:

2. In cases of Article 7 (6) 2 of the Act: Investment trading business;

(a) Relevant statutes;

B. Article 6 of the Capital Markets Act.