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(영문) 서울중앙지방법원 2018.06.05 2018고단1478
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in the investor's door-making business or investment-oriented forestry business without being registered as a financial investment business.

Nevertheless, on December 2016, the Defendant, at the “D” coffee shop located in Ilyang-gu, Busan Metropolitan City, Gyeonggi-gu, Gyeonggi-do, 2016, would allow E to recover damages equivalent to KRW 50 million incurred by its investment through “F Chairperson” before receiving the payment of money.

In order to operate funds within the country, 50,000,000 won is also available for a short period of time in the form of the public order book, so it will make this be available for the public order account and make it available for profits.

Before January 5, 2017, “E and the Defendant enter into a fund management agreement to facilitate a project jointly investing in assets, such as domestic and foreign stocks, futures options, etc., between E and E.

E shall provide 60 million won of business funds as funds for sale and purchase, settlement shall be conducted on a monthly basis, and losses not exceeding 30% of the principal shall be compensated by the defendant, and distribution ratio shall be 6: 4 (E): the defendant).

“Along with the content of a joint investment agreement, E entered into an agreement with the Defendant to grant all investment rights in respect of stock kind, futures option, and other derivatives transactions, and received a security card, official certificate, etc. of this ber securities account (Account Number G) opened in the name of E from E, and decided to make an investment in the sale of futures options under the Defendant’s judgment by receiving a transfer of investment money to the Defendant’s parent-friendly securities account (I) and the KEB bank account (J) in the name of H used for futures option investment, etc. managed by the Defendant.

Pursuant to such an agreement, the Defendant received money from the above E to the securities account in the name of the said H from January 5, 2017, and invested and operated in futures options products, and from around that time to September 2017, the Defendant received KRW 50 million.

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