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(영문) 서울남부지방법원 2018.05.16 2017고단6093
자본시장과금융투자업에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and by a fine of 100 million won, by imprisonment for 8 months and by a fine of 50 million won.

Reasons

Punishment of the crime

Defendant

A is the representative director of the Seo-gu Seoul Building, D, and E, which mainly engages in the intermediation of the trading of unlisted stocks, and Defendant B is the F of the Dispute Resolution Fund.

1. No defendant A shall run a financial investment business without authorization for the financial investment business, such as an investment brokerage business, from the financial committee;

Nevertheless, on May 2015, the Defendant, without obtaining authorization for a financial investment business, received a request for a stock trading brokerage from H representative I at H Seoul office located in Geumcheon-gu Seoul Metropolitan Government, and received a request from a large number of unspecified investors for a purchase price of H non-listed stocks, and deposited the remainder after deducting a brokerage commission, etc. to H non-listed stocks to H’s shareholderJ, etc., and received a brokerage fee from H from May 28, 2015 to July 31, 2015, including the fact that the H non-listed stocks were traded as the broker from May 28, 2015 to December 22, 2016.

Accordingly, the Defendant run a financial investment brokerage business without obtaining a financial investment brokerage business authorization from the financial committee.

2. No one shall engage in financial investment business without authorization for such financial investment business as an investment brokerage business from a financial member's association;

Nevertheless, the Defendant did not obtain authorization for a financial investment business, and around May 2015, at the H Seoul office located in Geumcheon-gu Seoul Metropolitan Government, from H representative I, and received a request from H representative I to purchase purchase price for the H non-listed stocks, and then deposited the remaining amount after deducting a brokerage commission, etc. from many unspecified investors into H’s shareholderJ, etc., and made a deposit of H non-listed stocks to investors in the manner that the H non-listed stocks are opened in the name from May 28, 2015 to July 31, 2015.

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