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(영문) 수원지방법원 여주지원 2015.09.18 2015고단509
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one may run a discretionary investment business without registering such financial investment business.

around March 24, 2011, the Defendant paid 20% of the investment amount to E as profit regardless of the actual profit rate for one year in a “D” restaurant located in Innju City, the Defendant received additional profits from the Defendant as an investment in stocks, etc. with a view to having it as a performance fee. Around May 31, 2011, the Defendant added the investment amount of KRW 180 million to KRW 30 million in early June 29, 201, the investment amount of KRW 60 million in total, KRW 70 million in investment around February 18, 2012, KRW 30 million in total, and KRW 30 million in investment from around July 30, 2013, and KRW 300,000 in investment from around July 30, 2013, the Defendant did not register the investment amount of KRW 300,000,000 in total,30,000 in stocks, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 45 of the Financial Investment Services and Capital Markets Act applicable to the facts constituting an offense, and Articles 445 subparagraph 1 and 17 of the same Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is that the defendant committed a discretionary investment business with no registration while promising to make conclusive profits to E, and that the defendant is deemed to have commenced the crime of this case at the request of E, and that the defendant is not likely to have received an investment from others than E, and that the defendant has no record of being punished for the same crime, and that the defendant has a record of being punished for a fine on several occasions for the crime of this case except for the crime of violation of the Road Traffic Act around 1980, which has been sentenced to a suspended sentence of two years in 1 year and June, 198.

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