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(영문) 수원지방법원 2017.07.06 2016고단1043
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant is a representative of a limited liability company C with the aim of stock transaction.

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

However, on March 14, 2014, the Defendant: (a) received from F the delivery of KRW 250,000 from F, to invest in the E coffee futures listed in Seocho-gu Seoul Metropolitan Government; and (b) entered into an investment trust agreement with the content that 3% of the investment amount is paid as profit regardless of actual return; (c) received KRW 200,000 from the Defendant’s account at around 13:32 of the same day, and was invested on the condition that F pay the same profit from May 31, 2013.

It agreed that KRW 50 million shall be invested in the index futures 200 in the above courses 200.

On April 1, 2014, the Defendant, at the office of the Defendant located on the fourth floor of the Dongjak-gu Seoul Metropolitan Government G Building, transferred KRW 180,057,591, out of KRW 250,000,000 invested by F to the account in lieu of the Defendant’s name, and automatically connects the securities company to the HTS by using the program developed by the Defendant to purchase and sell the index 200,000 won each day by operating it by means of purchasing and selling the index 200,000 won around March 28, 2014, and the same year.

4. 25. Minority KRW 7.5 million, and the same year.

5.30,000 won around 7.5 million won, and the same year.

6. 27. 27. 7.5 million won, around the same year.

7.25. Minority KRW 7.5 million, and the same year.

8. 29. Minority KRW 7.5 million, and the same year.

9. Around 26.25,000 won was remitted to KRW 6,762,00,000 and paid a total of KRW 4,7625,00 as a profit, and engaged in daily forestry.

2. On September 7, 2012, the Defendant received KRW 60,00 from H through H, and agreed to invest in the index 200 index futures listed in the Korea Stock Exchange for one year. However, the Defendant entered into an investment contract with the content that 5% of the investment amount is paid as profits irrespective of the actual return on investment, and entered into the agreement with the J around September 7, 2012.

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