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(영문) 서울중앙지방법원 2017.07.06 2016고단9574
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No one shall engage in financial investment business without obtaining authorization therefor.

Nevertheless, on February 25, 2015, the Defendant entered into an agreement with the operator E to the effect that “50% of the sales proceeds of stocks shall be paid as allowances if he/she sold stocks in general through with with with with D’s out-of-the-counter stocks” without obtaining authorization for a financial investment business, and that he/she shall hold a business explanation meeting with public relations materials provided by the above company or let all of his/her recruited members hold one-day counseling with an unspecified number of people, such as the list of crimes in the attached Form.

3. From around 23.

6. From the 29th day to the 635th day, 2,608,900 shares were sold in 3,360,500 Won in total.

Accordingly, the Defendant run a financial investment business without obtaining authorization for a financial investment business.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses F and E each testimony;

1. A protocol concerning examination of the suspect of the defendant, G, or H by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. The statement of the defendant, G and the defendant;

1. Certified copy of the D registry;

1. Data on introduction to D companies;

1. The details of total sales of A, AD entry and withdrawal, contracts for stock monopoly sales, stock sales, and payment of D fees (Evidence Nos. 15 through 20);

1. Application of Acts and subordinate statutes on shareholders' agreements;

1. Relevant Article 44 subparagraph 1 or Article 11 of the Financial Investment Services and Capital Markets Act concerning criminal facts. Article 444 of the same Act (Joint Selection of Fines);

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

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Contents of the assertion] The solicitation of investors is conducted by E and I, and the Defendant was engaged in preparation work at the investment presentation session of E and I, and did not run an investment brokerage business.

The Convention on Stock Sales Allowance (Evidence 266 pages).

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