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(영문) 부산지방법원 2015.02.06 2014고단7929

자본시장과금융투자업에관한법률위반등

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1. Defendants shall be punished by the following penalty:

(1) Defendant A: Imprisonment with prison labor for a year and six months and fine for a fine of thirty million won (2) Defendant B.

Reasons

Punishment of the crime

1. On March 2012, Defendants A, B, and C engaged in a futures trading, which is an exchange-traded derivatives, intended to open a private futures market, using the fact that there is a need to deposit more than a certain amount of money and, if there is no deposit money, invite members to open and use the private futures trading site, and mediate them to conduct virtual futures trading in connection with the exchange channel 200 index, and make profits from the members who cause damage to the Defendants. However, in the case of the members who have much investment profits, they act as a broker for the members to conduct futures trading using the securities account in the name of the securities account with which the customer deposit money is deposited, and receive fees calculated at a certain ratio of the investment amount from the members at each time of trading, and then intend to open gambling in the form of the financial investment instruments market and divide criminal proceeds into 1/3.

Accordingly, Defendant A, taking overall control of the crime, served as a role of inviting members through futures experts, Defendant B served as a role of inviting members through Internet broadcasting, and Defendant C served as a role of managing criminal proceeds.

Defendant

A around March 2012, 2012, by attracting Defendant G who operated the futures option Internet camera, assigned the role of promoting the said private futures trading site to Kafe-members. A around June 2012, by attracting Defendant F to exchange for members, around July 2012, performed the role of exchanging members by attracting Defendant E and exchanging members around July 2012. A around November 2012, around Defendant D was assigned the role of sending e-mail that publicized the said private futures trading site.

Accordingly, from March 2012, Defendant A, B, C, and G, Defendant F from June 2012 to Defendant F, Defendant E from July 2012 to Defendant E, and Defendant D from November 2012 to Defendant D conspired to commit the instant crime in sequence.

Defendants are in the order above.