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(영문) 대구지방법원 2016.02.12 2015고정1890
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is an employee of the Daegu Branch Co., Ltd. who is in charge of securities business.

No investment trader or investment broker shall acquire, dispose of, or manage, financial investment instruments separately for each investor after receiving from an investor a full or partial entrustment of judgment on investment in such financial investment instruments.

On Aug. 2, 2013, the Defendant entrusted the management of the securities account in the name of E opened in D, and agreed to purchase shares 3,000 shares of E and 3,000 shares of E on Aug. 22, 2013, the Defendant purchased 500 shares of “E” on the same day under the condition that the investor did not make a decision as to the sale price, and subsequently traded 50 times from around that time to November 5, 2014, the Defendant, without the investor’s decision, made a self-determination as to the items, volume, amount, time, etc. of purchase and sale on 50 occasions as indicated in the attached list of crimes.

Accordingly, the Defendant received part of investment judgment on financial investment instruments from investors, and acquired and disposed of financial investment instruments 50 times through an investor’s securities account in the name of the investor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An application form for opening a D account and an agreement on credit transaction account;

1. Current status of transactions by bank presidents (transfer and transfer), and current status of transactions by bank presidents of accounts;

1. Application of Acts and subordinate statutes of a recording recording (No. 23 of the evidence list);

1. Article 44 subparag. 8 of the Financial Investment Services and Capital Markets Act and Article 71 subparag. 6 of the Act on the Business of Financial Investment Services and Capital Markets (E) concerning criminal facts.

Even if the defendant acquired and disposed of a part of the judgment on investment in financial investment instruments from E, the crime of this case is constituted.

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;

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