[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On March 26, 2015, Defendant B was sentenced to eight months of imprisonment for a crime of fraud using computers, etc. at the Seoul Eastern District Court on May 22, 2015, and the judgment became final and conclusive.

【Criminal Facts】

1. Defendant A and Defendant B’s joint criminal conduct (one-day “I”) are the president, Defendant B (one-day “L”) of K, a private futures investment broker in Gangnam-gu Seoul, Seoul, for the head of office, and those who have overall control over M, N,O, P, Q, which are subordinate employees.

Although the Defendants are prohibited from running a financial investment business without obtaining authorization from the Financial Services Commission, in order to conduct futures trading, they should open an account with a minimum of about 18 million won in a securities company. The Defendants knew that the minimum trading unit amounts to KRW 130 million and it is practically difficult for individual investors to have access to such account, and, with the knowledge that it is difficult for individual investors to have access to such an account, attempted to arrange futures transactions using the securities company account with which the customer margins are deposited and to gain profits by receiving a certain rate of fees from those who use the said account.

Accordingly, from January 20, 2014 to April 21, 2014, the Defendants excluded from the above office experts who are going to broadcast securities, futures trading, etc. from African TV, etc., and recruited its members by means of offering rebates of KRW 200 to KRW 3 million each month and providing customers with the database in which the personal information of those interested in futures trading is stored, or by using a database in which the personal information of those interested in futures trading is stored, and received the total amount of KRW 3.6 billion from the members’ deposit account with C National Bank account in the name of C, R, one bank account in the name of the member, etc. The Defendants received the total amount of KRW 3.6 billion from the member’s deposit account. When the Defendants conducted futures trading orders using the home trading system distributed by the Defendants, they combined this with the futures trading account opened in one investment securities.