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(영문) 서울중앙지방법원 2014.04.25 2014고정457
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If a fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is the representative of the Internet Investment Advisory Company, which is the “C” as set forth in Article 210 of the second floor of the Seongdong-gu Seoul Metropolitan City building B.

No one shall engage in investment advisory business without registering financial investment business with the Financial Supervisory Service.

Nevertheless, from March 2013 to October 7, 2013, the Defendant established a company called “C” and opened an Internet site called “D” and sought to operate an investment advisory business with membership fees of KRW 310,000 won per month and KRW 420,000 per month under the conditions of membership.

Therefore, the Defendant, within the office of “C” from June 2013 to October 2013 of the same year, received the subscription fee from three regular members as shown in the annexed table, and operated investment advisory business by opening a 1:1 hosting room on the Internet Mebage “Macp” and informing the purchase price and sale time of the items, such as the Seoul Syta, semiconductor, Samsung Electronic, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police defendant examination protocol against the defendant;

1. Application of the Act on Serving Information to suspected companies in violation of the Capital Markets Act

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

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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