logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.10 2016고단3743
사기등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of KRW 5 million, and Defendant C shall be punished by a fine of KRW 10 million.

Reasons

Punishment of the crime

Defendant

C is an operator of H, and Defendant A and B are members who are recruited to subscribe to H’s investment goods through Internet advertisements, etc.

Defendant

A and B around October 2012, through the Internet NVI car page operated by Defendant B from around October 2012, “ELA” is basically a product accumulated in the first subscription principal by putting profits accruing from transactions between foreign currencies in numerical value with financial assets linked to foreign exchange. It is a financial product that can secure profits in a stable and reliable way. 2-40% annual return rate may be expected to be more safe and definite than any other asset management product. It is a product that is developed and sold by the overseas futures company of H. H... It is a product that is a safe and definite alternative. It is a product that is developed and sold by the overseas futures company of H. H... It is advertising to the effect that “the stability is secured through various means to preserve the principal.” The commission was acquired by inviting investors to deposit KRW 1,605,402,690 in the H operated by Defendant C to transfer part of the above money out of the money in the name of Defendant C, and Defendant C acquired the above fee or allocated the above fee to investors.

Accordingly, Defendants conspired to engage in financial investment business without obtaining financial investment business authorization.

Summary of Evidence

1. Defendants’ partial statement

1. Each prosecutor's interrogation protocol against the Defendants and J

1. Each prosecutor's protocol of statement against J, K, and Defendant C;

1. Each investigation report (to be accompanied by the documents submitted by A, the details of the account transactions in A, the details of account transactions in J Han Bank, the details of account transactions in J Han Bank, and the details of transactions in A bank);

1. Details of transactions in each account;

1. Each fact-finding certificate;

1. Application of statutes governing each e-mail and H customer terms and conditions;

1. Defendants of the pertinent legal provisions regarding criminal facts: Article 444 Subparag. 1 and Article 11 of the Financial Investment Services and Capital Markets Act; and the Criminal Act.

arrow