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(영문) 인천지방법원 2016.09.09 2016고정2191
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 25,000,000.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of three years on February 4, 2016 by imprisonment with prison labor for a violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court on February 18, 2016 and the said judgment became final and conclusive on February 4, 2016.

[2] No person shall engage in financial investment business without obtaining authorization for a financial investment business.

The Defendant, together with B and C, conspiredd with D Co., Ltd. to receive KRW 1,400 per share sales price of KRW 70 per share, and KRW 400 per share sales price of KRW 2,00,000, and KRW 100 per share of KRW 200,000, the Defendant 20% of the above sales price, and KRW 5% of the above price of KRW 5% of the above price of KRW 30,00 per share, in consultation with D and D, as a company that can apply to the industry by extracting materials from the side of mineral resources.

Accordingly, from June 12, 2015 to November 1, 2015, the Defendant engaged in the said investment business without obtaining a financial investment business license, sold 162,350 shares to investors, and received 64,940,000 won as a fee.

Accordingly, the defendant, in collusion with B and C, engaged in investment brokerage business without obtaining authorization.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of A Crime List);

1. Article 44 of the relevant Act on criminal facts and Article 444 subparagraph 1 and Article 11 of the Financial Investment Services and Capital Markets Act, and Article 30 of the Criminal Act (comprehensive selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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