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(영문) 대구지방법원 2013.07.12 2013고단3050
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor for a year.

except that from the date of this judgment.

Reasons

Criminal facts

1. No one who violates the Financial Investment Services and Capital Markets Act shall engage in financial investment business without obtaining authorization from the Financial Services Commission, while no person, other than the Korea Exchange, shall open a trading market of financial investment instruments or any similar facility established by the Korea Exchange or trade securities or exchange-traded derivatives through any similar facility;

A. Defendant A and Defendant B, along with E, F, G, etc., established and operated a facility in which virtual futures trading (i.e., 'H', 'I', 'J', 'K', 'L', 'M' and 'M' are conducted with a 200 channel index provided by the futures exchange office. Defendant A and Defendant B are in charge of all the facilities of the private futures trading site and the fund management. Defendant B took charge of all the facilities of the private futures trading site, and Defendant B took charge of the management of the office according to A's instructions by entering the program server or marketing. E, F, and G share their respective roles to take charge of program server management or marketing.

Defendant

A and Defendant B, along with E, opened and operated a private futures trading site on the Internet in Gangnam-gu Seoul N 303 from November 17, 201 to March 12, 2013 without obtaining authorization from the Financial Services Commission, and recruited members by means of books, books, etc.

Defendant

A and Defendant B, along with the above E, posted the HTS program that copied the HTS program of securities company HTS on the website (I) so that its members may download the HTS program and install it on the computer. After receiving the total amount of KRW 26,652,734,59 from its members by using 27 accounts as shown in the attached list of crimes (P) such as a new bank account in the name of the member deposit account, etc., they shall receive total of KRW 26,652,734,59 from its members, and shall have its members receive KRW 26,652,734,59 from its members. From 08:00 to 15:00 on a normal day, a futures option according to the 200 index, etc.

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