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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall engage in collective investment business engaged in the business of acquiring, disposing of, or managing in any other way assets with property value without receiving instructions from investors for management, the money, etc. collected by recommending two or more investors to make investment without obtaining authorization for financial investment business, and distributing the results therefrom to vest in investors.
Nevertheless, on November 16, 2012, the Defendant: (a) agreed to pay F 80% of the earnings when a 5% or more of the base annual return of investment in E Co., Ltd. (hereinafter “E”) that received investment money from F and invested in COS200 index futures; and (b) received KRW 220 million from F to the account in the name of the Defendant’s bank in the name of the Defendant for investment; and (c) received KRW 20 million from F to the account in the name of another investor; and (d) received KRW 20 million in total from L Co., Ltd. in the name of G via H 200,000,000,000 won, including trading of OSP 20,000 futures, which are financial investment instruments, using the lower investment securities account in the name of G, from May 26, 201 to February 2, 2013.
Accordingly, the defendant has run a collective investment business without obtaining authorization.
Summary of Evidence
1. Defendant's legal statement;
1. The statement concerning F;
1. Investigation reports (A, G submission contracts, and submission of data on details of account transactions), and application of Acts and subordinate statutes to investigation reports (organization of data submitted);
1. Article 44 Subparag. 1 and Article 11 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 13448, Jul. 24, 2015) regarding criminal facts and Articles 44 Subparag. 1 and 11 of the former Financial Investment Services and Capital Markets Act;
1. Articles 70 and 69 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).