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(영문) 서울남부지방법원 2014.05.23 2014고정1491
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one may engage in investment advisory business or discretionary investment business, without registration (including registration of revision) for the financial investment business.

Nevertheless, without registering the above financial investment business, the Defendant: (a) operated a discretionary investment business with a total of KRW 2 million around October 23, 2009; (b) KRW 1 million around November 24, 2009; (c) KRW 1 million around May 27, 2010; (d) KRW 1 million around May 28, 2010; (c) KRW 700,000 around May 28, 2010; (d) KRW 1.3 million around May 31, 2010; (e) KRW 1 million around May 31, 2010; and (e) KRW 1 million around May 31, 2010; and (e) around June 3, 2010; and (e) KRW 100,000,000 through a derivatives trading index; and (e) registered products options.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes to the details of investment agreements, the details of payments made in investment, the principal and interest of bonds and rights;

1. Article 45 of the Financial Investment Services and Capital Markets Act applicable to the facts constituting an offense, and Articles 445 subparagraph 1 and 17 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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