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(영문) 부산지방법원 동부지원 2018.10.24 2018고단1433
자본시장과금융투자업에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A was a person who operated a similar investment advisory company B in the 9th floor of the building in Suwon-gu Busan Metropolitan City, and Defendant B was a corporation established for the purpose of online information provision.

No one shall engage in investment advisory business or daily forestry business without registering his/her financial investment business under the Financial Investment Services and Capital Markets Act.

1. From February 2017 to February 2018, Defendant A, without registering the financial investment business with the Financial Services Commission at the above offices of the said stock company, set up B Kakaba (E), and Defendant A, with pay members who joined the said offices, engaged in an unregistered investment advisory business by using Kakakao Stockholm Stockholm F (AD), which is operated by the Defendant Company B (AD), to purchase, sell, arrange, and hand-off signals, etc. for each individual’s issue of recommendation from the issue of stocks consultation to the number of recommending members.

2. The Defendant B, as described in the above paragraph 1, had a representative director, who is the representative director, engaged in a non-registered investment advisory business in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the Acts and subordinate statutes on the introduction of G service, GNber Cinebook outputs, four copies of the content of the terms and conditions of the contract on the use of NAC carpet services, the closure photographs of the contents of the Kakakao Stockholm conversation, and the Kakao Stockholm dialogues;

1. Article 45 subparagraph 1 and Article 17 of the Financial Investment Services and Capital Markets Act, selection of fines, and Defendant A: Articles 448, 445 subparagraph 1 and 17 of the Financial Investment Services and Capital Markets Act, and Articles 448, 445 subparagraph 1 and 17 of the Financial Investment Business Act;

1. Attraction of a workhouse and Defendant A: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants: (a) comprehensively consider all of the sentencing conditions, including the period of unregistered business without reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) type and content of investors’ inquiries; (c) details and result of the crime; and (d) the circumstances after the crime.

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