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(영문) 서울남부지방법원 2011.08.26 2011고정1394
자본시장과금융투자업에관한법률위반
Text

Defendant

A, B, and D shall be punished by each fine of KRW 7 million, and Defendant C and E shall be punished by each fine of KRW 5 million.

Defendant

A, B, and.

Reasons

Punishment of the crime

No one shall engage in financial investment business, such as financial brokerage business, without authorization for financial investment business under the Financial Investment Services and Capital Markets Act.

1. On November 16, 2009, from November 200 to November 201, Defendant A opened the J’s homepage (K) on the Internet at the J Office operated by himself on the second floor of the building of Gangnam-gu Seoul, Seoul, and recruited futures and options investors, lending the securities account managed by the Defendant to its members, and lending the securities account to the said accounts to the said members as deposit money, and then lending the said accounts to the said members, and then having the said members invest funds through the securities account leased to the said members, allowing them to make futures and options transactions, and receive a financial investment brokerage commission under the pretext of interest on the deposit and fee for account use.

Accordingly, the defendant operated an investment brokerage business without obtaining authorization from the competent authorities.

2. Crimes committed by Defendant B and Defendant C

A. From January 2009 to March 201, Defendant B opened the website (M) of C Co., Ltd. on the Internet at C Office of Yangcheon-gu Seoul Metropolitan Office from January 2009 to March 201, and recruited futures and options investors, and lent to its members the securities account managed by the said company. On the other hand, Defendant B loaned the said account as deposit money by depositing KRW 15 million to the said account, and received a financial investment brokerage commission under the pretext of having the said members invest funds through the securities account leased and let the said members conduct futures and options transactions, and pay interest on the deposit money and commission for account use.

Accordingly, the defendant operated an investment brokerage business without obtaining authorization from the competent authorities.

B. The Defendant C, the representative director of the Defendant, at the place indicated in the preceding paragraph from January 2009 to March 201, 201, is the Defendant’s business.

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