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(영문) 서울동부지방법원 2014.04.17 2014고정425
자본시장과금융투자업에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in financial investment business without authorization therefor.

The Defendant, without obtaining authorization from the Financial Services Commission, opened a “B” site on the Internet and received at least KRW 500,000 from many unspecified persons using the said site through its own development program, and made it possible for the Defendant to conduct 200 index futures trading on behalf of the Defendant via securities, and in return, received fees from 0.025% to 0.030% of the trading price at each time.

From October 6, 2011 to November 201, 201, the Defendant: (a) received deposit money of KRW 30,014,952 in total from C, etc. in charge of the business of the said site from around October 6, 201, and (b) mediated users who deposited money into C’s account to conduct futures trading as above.

Accordingly, the Defendant run an investment brokerage business, which is a financial investment business without obtaining authorization from the Financial Services Commission.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of examination of a witness (the 95 pages, 238 pages);

1. A copy of each police statement made to D and E;

1. Each investigation report (the pages 210, 236);

1. Application of Acts and subordinate statutes to certificates of deposit transactions (as stated in Article 214);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 444 subparagraph 1 and 11 of the Financial Investment Services and Capital Markets Act;

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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