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Defendant
A, E, and F shall be punished by imprisonment for one year and six months, and imprisonment for defendant B, C, and D.
However, the defendant A, E,.
Reasons
Punishment of the crime
Defendant
A is a person who operates an unmanned financial investment business under the name of “L”, and Defendant E and Defendant F are those who provide the Home Trading System necessary for the aforementioned business (hereinafter “HTS”) and managed the system malfunction operation, etc., and Defendant B, Defendant C, Defendant D, and Defendant D are those who worked for each of the above L companies.
No one shall engage in financial investment business, such as an investment brokerage business, in a continuous or repeated manner for the purpose of earning profits without obtaining authorization for financial investment business under the Financial Investment Services and Capital Markets Act.
Nevertheless, around September 2013, Defendant A received HTS from Defendant E and Defendant F in the North America near the Npan Station located in Seoul, and employed Defendant B, Defendant C, Defendant C, Defendant C, Defendant C, Defendant D, and Defendant D, in order to collect futures trading which is an exchange-traded derivatives, Defendant A opened a private futures trading site (O; hereinafter “the above site”) using the fact that it is necessary to carry out a certain amount of deposit in order to carry out futures trading and that it is difficult to carry out a futures trading unless there is a deposit, and recruited those who want to use the HTS provided by the Defendants as its members and recruited them to receive a fee calculated at a certain ratio whenever the members carry out a futures trading.
Accordingly, Defendant E, Defendant D, and Defendant C take charge of the overall business affairs, the measures against HTS errors, etc., and Defendant B, Defendant D, and Defendant C take charge of the information on the method of using HTS programs, compensation and consultation when suspending the program, cash withdrawal, etc., and one nameless M sent the HTS program to investors by e-mail and recruited investors.