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(영문) 수원지방법원 2017.05.22 2016노8138
자본시장과금융투자업에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) the Defendant was employed by C to sell over-the-counter stocks and was transferred the sales proceeds to C; (b) all accounts managed by C are borrowed accounts of C, and there is no right to withdraw them; and (c) the Defendant was paid fees equivalent to 6% of the sales proceeds from C to his own account; and (d) the Defendant was guilty of violating the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, among the facts charged in the instant case, even though the acquisition of criminal proceeds was not most appropriate, the lower court erred by misapprehending the legal doctrine

2. According to the evidence duly admitted and examined by the lower court, the lower court can be sufficiently recognized that the Defendant, while serving as an employee C of the operator of a car page specializing in the sale of over-the-counter stocks established in the Internet portal site E from June 26, 2015 to July 9, 2015, engaged in investment trading business without authorization for a financial investment business, etc., and the issuer of a contract for the sale of over-the-counter stocks sells the above over-the-counter stocks by transmitting 3 and 4 times a day advertising information on the sale of off-the-counter stocks to the above car page members, and the sales proceeds were transferred to the next account in the name of G.

According to the above facts, by transmitting advertising information on the sale of over-the-counter stocks without authorization for a financial investment business, the defendant's violation of Article 74 (1) 6 of the Act on the Promotion of Use of Information and Communications Network and Information Protection, Etc. (hereinafter "Information and Communications Network Act") among the serious crimes stipulated in Article 2 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds by transmitting advertising information on the sale of over-the-counter stocks without authorization for a financial investment business, and it is deemed that the defendant pretends to acquire the assets arising from the violation of the above Information and Communications Network Act by selling over-the-counter stocks to each person and receiving the proceeds from the sale of over-the-counter stocks to the borrowed account.

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