The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A Imprisonment for two years, Defendant G, Defendant .

1. Summary of grounds for appeal;

A. Although there were facts that the Defendant, as stated in the judgment of the court below, obtained profits by opening and operating a private futures trading site, it was difficult to be called “OD representative” as a program developer.

Since the Defendant agreed to pay 20% of the profits accrued from the operation of a futures trading site to the OD when purchasing futures trading programs, and actually paid it, the profits that the Defendant paid to the OD cannot be deemed as the profits actually acquired by the Defendant.

Therefore, it is unlawful that the lower court erred by misapprehending the legal doctrine on the calculation of additional collection charges for grassland collected entirely from the Defendant including the above amount.

B. In fact-finding (Defendant K) was aware of the fact that the instant site was a securities account lending site that lends the futures account, and was not aware that it was a virtual futures trading site.

C. The sentence of unfair sentencing (Defendant A: imprisonment of two years and six months, additional collection of 330 million won, imprisonment of six months, suspension of execution of sentence of six years, community service, 120 hours, Defendant I and J: Imprisonment of six months, suspension of execution of sentence of two years, community service, 80 hours, and fine of twenty million won for Defendant K) imposed by the court below on the Defendants is too unreasonable for the Defendants. The prosecutor is too unfair for the Defendants as the sentence against Defendant A is too uneasible.

2. Ex officio determination on the violation of the Financial Investment Services and Capital Markets Act due to Defendant A’s operation of financial investment business and the violation of the Financial Investment Services and Capital Markets Act by Defendant G, I, J, and K’s operation of financial investment business

A. The summary of the facts charged in this part of the charges 1) Defendant A, along with AH, AI, AJ, AK, etc., opened a private futures trading site, such as AP office in Gangnam-gu Seoul Metropolitan Government around October 2012, Defendant A’s six floors of AO building (in the main AP office, at the main office, and “AP” and the aforesaid method.