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(영문) 부산지방법원 2017.05.17 2017고정154
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a similar investment advisory business, such as recommending members to participate in stock investment issues, under the trade name of "B" from NAA.

No one shall engage in investment advisory business unless he/she is registered as a financial investment business at the financial committee.

Nevertheless, from January 2016, the Defendant received a fee from the members recruited through the above Da Pa Pa P, 101 Dong 602, which is his/her residence from Busan, Busan, the Do Pa Pa P, and was engaged in the investment advisory business by individually providing investment advice, such as giving one-day answer upon receiving a request for counseling on the recommendation for items on the bulletin board of paid members.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the Internet closure screen;

1. Article 45 of the Financial Investment Services and Capital Markets Act and Articles 445 subparagraph 1 and 17 of the same Act concerning criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is the primary offender, and the defendant’s share in 1:1 of the instant car page operated by the defendant is high;

In light of the facts that do not appear, the number of paid members, the profits earned by the defendant, the age, sexual conduct, environment, motive, means and consequence of the crime, etc., the punishment more than the summary order shall be mitigated by comprehensively taking into account all the circumstances constituting the conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence

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