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(영문) 수원지방법원 2018.09.11 2018고단3330
자본시장과금융투자업에관한법률위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

on the part of the defendant B.

Reasons

Punishment of the crime

C In order to carry out futures trading, derivatives in the Exchange Chapter, it is necessary to set up a private futures trading site through Defendant B, using the fact that there is a need to deposit more than a certain amount of money and it is difficult to carry out futures trading unless there is any deposit. Defendant A, through managing its employees, recruited personal information DB and recruited people who want to use the said site, and made them carry out virtual futures trading in connection with the exchange course 200 index. At the time of trading from its members, it was willing to operate the said site in a manner of acquiring fees calculated at a certain ratio of investment funds and losses of its members, and at the same time opening gambling space.

Accordingly, around September 2016, C took charge of the management team office in charge of the entry and exit management of members and members under subparagraph E of the Dong-si Building D, the call center office in charge of the membership recruitment business in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F Building G, and the call center 2 team office in the Yeongdeungpo-gu Seoul Metropolitan Government H Building I around January 2018, and the call center staff (TM) in the e-mail by allowing members (TM) to recruit members using personal information DB to access the above site using personal information and distribute the home set system program by allowing them to exchange the same amount of money from the members recruited to the designated account from the above site to exchange the same amount of money with cyber money. The member acquired the loss of futures trading with certain commission and paid the remaining cyber money in cash after the completion of futures trading, thereby exercising overall control over the operation of the above site.

Defendant

B around August 2016, the Home Trading System “J” Program and servers necessary to operate the said private futures trading site, and the program and servers are provided to C around September 2017, and periodically manage the program and servers.

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