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(영문) 대구지방법원 2014.12.05 2014고단3437
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ joint criminal conduct - Defendant A in violation of the Financial Investment Services and Capital Markets Act, from February 19, 2011 to March 3, 201, operated an investment intermediary in the name of “H” from the third floor of the building in Daegu-gu, Daegu-gu, to attract investors who intend to engage in exchange profits by depositing a certain deposit amount within the limit of 50 to 200 times the deposit amount by anticipated a decline in the value of foreign currency, such as US dollars and Japan, which is a means of foreign payment, and buying and selling the same within the limit of 50 to 50 times the deposit amount. Defendant B is a person who develops and manages the deposit money of investors in the above “H”.

No one may run a discretionary investment business without making the registration under the Financial Investment Services and Capital Markets Act.

Nevertheless, at around August 23, 2011, the Defendants conspired to register the financial investment business with the competent authorities, and the Defendant A solicited investors I to make an investment by suggesting that “I may return a complete automatic trading program developed by us if I put money into a foreign futures site,” and let I transfer the deposit amount of USD 9,39,390 in total to an account “GIN CAPAL CAPL REFOFOM UTDD” that is a foreign futures company. The Defendants entrusted operation, such as investment decision-making and acquisition and disposal of foreign currencies related to XM trading, etc. from I to January 2, 2014 by using the automatic trading program developed by Defendant B, including the acquisition and disposal of foreign currencies, etc.

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