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(영문) 서울서부지방법원 2016.04.22 2015고단3160
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in investment advisory business or investment-oriented forestry business without being registered as a financial investment business.

Nevertheless, on April 2, 2013, the Defendant without registering a financial investment business, and around April 2, 2013, at D near Jung-gu Seoul Metropolitan Government, there is a good investment vehicle in E.

The principal shall be guaranteed as the securities institution has been put in place and work.

If an investment of KRW 200 million is made, 3 billion won may be punished within ten days.

E The number and password of the KB Investment Securities Account (F) opened in the name of E in the name of E, referred to as “a request to create the ID and password of the KB Investment Securities Account,” was invested in the futures option product by obtaining the account number, ID and password of the KB Investment Securities Account (F).

Accordingly, the Defendant did not register the financial investment business and run the investment-related forestry business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a copy of the investment agreement, a copy of the bankbook of the E National Bank, and a report on investigation (re-verification of relative criminal facts)

1. Article 45 subparagraph 1 and Article 17 of the Financial Investment Services and Capital Markets Act regarding criminal facts, and Article 445 subparagraph 1 and Article 17 of the Act on Financial Investment Services and Capital Markets for the Selection of Punishment [the daily forestry subject to registration under the above Act is "the business that is conducted continuously or repeatedly for the purpose of earning a profit".

Defendant asserted that the management of the aforementioned goods by receiving a full decision on investment in financial investment instruments from an investor is not subject to registration because it is not too repeated twice, but it is not subject to registration. However, it is reasonable to view that even once, if the Defendant continued to engage in forestry business with intent to make a profit with the intent to make a profit, it is subject to registration. Accordingly, the above argument is rejected.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing under Article 62-2 of the Criminal Act of the community service order shall be determined by taking into consideration the following circumstances, such as the defendant's age, environment, and circumstances after committing the crime.

(b) the circumstances disadvantageous to it;

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