2015 Highest 7707 Violation of the Financial Investment Services and Capital Markets Act, gambling space

Establishment

A, in the absence of duty.

Residence

Reference domicile

○○ (Lawsuits) and ○○ (Public Trial)

Law Firm ○

Attorney in charge ○○○

February 18, 2016

A defendant shall be punished by imprisonment for not more than ten months.

1,078, 100,000 won shall be additionally collected from the defendant.

Criminal facts

With respect to gifts and options, which are derivatives in the Exchange Chapter, the Defendant is a person who, without a deposit deposit deposit, requires a customer to pay fees to the customer without a deposit deposit, and is a person who acts as a broker to a securities company for a customer’s futures trading order or as a person who generally maintains and manages the program development and its system in connection with the program development and 200 index for a private futures trading.

Around April 2012 to May 2012, the Defendant requested the development of the HTS program for futures trading and options trading brokerage on condition that the Defendant received KRW 5 million development cost from B, and KRW 10 million each month, and around that time, developed it and deliver it to B. Around October 2012, the Defendant requested the development of the HTS program for private futures trading on condition that the amount of KRW 10 to 20% from among the profits from the operation of the HTS website would be paid monthly from B, and around that time, developed and delivered it to B.

Accordingly, around October 2012, C, B, etc. opened a virtual futures trading site, such as “H 200,” from 6th E offices of Gangnam-gu, Seoul 2012 to 200 million won, and recruited members to trade “OS 200 futures trading”, and if members deposit money into the said website and HTS with BB bank account in the same manner: 1:00 to 15:0,000 to 200,000 won; 2.00 to 4.06,000 won from 6.0 to 04,000 won from 206,000 won from 20,000 won from 200,000 won from 3.4,000 won from 20,000 won from 4.0,000 won from 20,000 won from 3.4,000 won from 20,000 won from 3,000 won from 20

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of each protocol of examination of suspect to the prosecution against C and F (Evidence Nos. 12, 19, 39);

1. Each prosecutor's statement concerning B and C;

1. A copy of each prosecutor's statement concerning B and C;

1. Investigation report (verification of user fees of the Home Brokerage System that suspect G receives from C);

1. Copies of books seized during the investigation of No. 2014 type 17065 of the party office;

Application of Statutes

1. Article applicable to criminal facts;

Articles 44 subparag. 1 and 11 of the Financial Investment Services and Capital Markets Act, Article 30 of the Criminal Act (a point where an unmanned is running a financial investment business), Articles 444 subparag. 27 and 373 of the Financial Investment Services and Capital Markets Act, Article 30 of the Criminal Act (a point where the establishment and operation of an unauthorized financial investment market are operated in each unauthorized financial investment business entity), Article 247 of the Criminal Act, Article 30 of the Criminal Act (a point of opening an gambling space)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

The reason for sentencing under Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment was received from B, and the Defendant developed the HTS program and the HTS program for brokerage of futures and options trading. The co-offenders, including B, etc., operated the private futures trading site for a considerable period of time using the aforementioned program developed by the Defendant, and the Defendant performed a key role in the instant crime, such as taking charge of the maintenance and repair of the pertinent system and server during the above period. In return, the Defendant received money equivalent to 10 to 20% of the profits from the above site operation. In light of the degree and period of the Defendant’s participation in the instant crime, and the role and position, etc. of the Defendant in light of the degree of the Defendant’s involvement in the instant crime, and the liability for the crime is not less somewhat weak. In view of the fact that the investigation of the illegal futures trading site was commenced and it was inevitable that certain accomplices were detained, the Defendant was sentenced to criminal punishment on the following grounds: even if there were no grounds for the Defendant’s motive and motive to commit the instant crime.

Judge Final Prosecutor