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(영문) 서울중앙지방법원 2012.11.27 2012고단4808
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the Seoul E-building 601 company F and has been engaged in the investment brokerage business of financial investment instruments, such as stock futures and options trading, and G, H, and I are employees who have been in charge of the management of entry and withdrawal, membership, withdrawal, etc. at the above company.

No one shall engage in financial investment business without obtaining authorization therefor from the Financial Services Commission.

In order for the general public to conduct futures and options trading together with the above G, the Defendant knew that the securities company opened an account with approximately KRW 20 million deposited with the securities company and traded through the relevant account only with the knowledge of the fact that it is required to do so. The Defendant, without preparing a large amount of consignment, intended to act as an intermediary for a person who is difficult to engage in futures option trading by using a new securities account, etc. in the name of the J, with which a large amount of consignment deposit is deposited, and had the said bank receive a certain percentage of commission from the users of the said account.

The Defendant, along with the above G, did not obtain authorization from the Financial Services Commission, from October 17, 201 to June 20, 201, subscribed to 1,265 members, including K, L, M, etc. by sending a mail to the members of Internet E-building 601, Gangnam-gu Seoul E-gu, Seoul, and advertising the F company.

Afterward, the Defendant: (a) sent a similar HTS program produced by copying the HTS program of a securities company to its members by e-mail; and (b) deposited the total amount of KRW 41,322,100,973 from members N,O, P, etc. to the Korean bank account in the name of F, a stock company that is a member deposit account; and (c) deposited the amount of KRW 41,322,10,973 in total as required for transactions from October 10, 201 to June 19, 201; and (d) deposited the amount of KRW 1.5 billion with the Defendant’s securities account in the name of K, the securities account number R, and the period of use.

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