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(영문) 춘천지방법원 2017.06.08 2017고단100
자본시장과금융투자업에관한법률위반등
Text

Defendant

B Imprisonment with prison labor for a year and six months, and imprisonment for a defendant A with prison labor for a period of six months.

However, as to Defendant A, the same shall apply.

Reasons

Punishment of the crime

Defendant

A was prosecuted as a joint principal offender, but as shown below, Defendant A constitutes a crime of aiding and abetting, and even if the criminal facts of aiding and abetting are acknowledged ex officio without any changes in the indictment in light of the progress of the trial, it is determined that there is no risk of substantial disadvantage in exercising the right of defense (see, e.g., Supreme Court Decision 2002Do995, Jun. 24, 2004). Thus, the above

1. Defendant B was sentenced to one year of imprisonment for a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization, etc.) at the Seoul Central District Court on February 10, 2014, and the execution of the sentence was paroled on August 14, 2015 and the parole period expired on October 20 of the same year.

Defendant

B opened a private futures option trading site using the fact that it is necessary to deposit more than a certain amount of money in order to conduct futures option transactions, unless there is any deposit, and opened a private futures option trading site, recruited people who intend to use it as its members, and let members conduct virtual futures option transactions in connection with the 200 index, gold price, gold price, oil exchange rate, international currency exchange rate, LbbS exchange rate, etc., and collected fees from members at a certain rate of investment amount from each member at the time of trading, and at the same time opened a gambling space by the Defendants’ acquisition of the loss of the members, and at the same time, they take charge of opening and operating a futures option trading site and an advertising site, general supervision over the management of the members’ entry and departure funds.

Defendant

B From January 2016 to August 2016, set up a private futures option trading site, such as “H”, “I”, etc. in 8 Dong 2-dong G apartment of Cheongyang-gun, Cheongyang-gun, China, Cheongyang-gun, and 703 members of Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, and then recruited its members through the private website, etc., and then recruited its members and conduct futures options transactions to its members.

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