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(영문) 서울남부지방법원 2018.08.10 2018고정390
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall engage in investment advisory business or investment-related forestry business without filing for registration of a financial investment business (including registration of change).

Nevertheless, the Defendant, while operating an Internet website related to the financial investment of “C” at around May 2016, at the Internet site B, was delegated to make an investment by investors D at an overseas futures option, and was deposited at an investment amount of KRW 40 million on May 26, 2016, and subsequently purchased overseas futures products (cubdown) using an automatic option trading program (one name, GEM system) in the Defendant’s operation, and then again sold overseas futures products (cubdown). However, in comparison with the list of crimes, the Defendant was corrected and recognized as a clerical error.

Until now, it has been engaged in daily forestry without registration with the Financial Services Commission at least nine times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. A criminal investigation report, investigative report, investigative report, criminal investigation report, investigative report, reference witness's I telephone conversations, investigative report, investigation report, reference witness's J telephone conversations, investigation report, investigation report, reference witness's K telephone conversations, investigation report, investigation report, investigation report, and investigation report; and reference witness's L telephone conversations;

1. A written request for investigation;

1. A written inquiry by an institution-authorized financial company;

1. Application of the Act and subordinate statutes governing the list of accounts (the details of orders for relevant IP);

1. Relevant Article of the Act on Criminal Facts and Articles 445 subparagraph 1 and 17 of the Financial Investment Services and Capital Markets Act (the selection of fines, including the fact that a person engages in daily forestry business without registration,);

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [This case] is merely a sale or lease of the automatic trading system and it was confirmed by a securities company that there is no legal problem regarding the use of the automatic trading program.

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