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(영문) 수원지방법원 2016.09.22 2016고정1813
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 40,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in financial investment business without authorization therefor.

Nevertheless, the defendant from June 12, 2015 to the same year.

9. By October 20, the Defendant’s house located in Suwon-si B, Suwon-si, providing 1:1 counseling to many unspecified investors, and introducing that “A company is a company that has been engaged in an industry by extracting materials from the side of mineral resources, which can be applied to the industry, and has pin extraction technology and technology, and that company’s executive officers are patent holders,” thereby selling a total of 112,250 won per share to investors, and received 56,125,000 won per share as commission.

In addition, in return for offering a new bank account (D) in the name of the Defendant for stock sale, the Defendant received total of KRW 16,235,000 (16,235,000 per share, calculated as KRW 16,235,00 per share, KRW 100 per share) from E, and received total of KRW 72,360,00 in fee.

Accordingly, the Defendant run an investment brokerage business without obtaining authorization from the Financial Services Commission.

Summary of Evidence

1. Statement by the defendant in court;

1. A certified copy of each protocol concerning the suspect examination of the police against F and E;

1. Application of Acts and subordinate statutes to a certified copy of investigation report (the details of attachment, such as a copy of statement);

1. Article 44 of the relevant Act on criminal facts, and Articles 444 subparagraph 1 and 11 of the Financial Investment Services and Capital Markets Act on the Selection of Penalties, and Selection of Fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is against the defendant's recognition of all the crimes of this case, the defendant is punished by a fine of KRW 700,000 due to a violation of the Road Traffic Act (driving) around 2004, the defendant has no record of being punished by a fine of KRW 500,000,000 due to a violation of the Medical Service Act around 201, and the defendant runs the investment brokerage business of stocks in the same manner as the defendant.

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