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(영문) 부산지방법원 2020.03.25 2019고단6131
자본시장과금융투자업에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

2,108,956,356 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

In order to conduct futures trading, which is exchange-traded derivatives in early 2012, Defendant B, C, and D recruited to open and use a private futures market using the fact that it requires more than a certain amount of deposit money and that it is difficult to conduct futures trading unless there is any deposit money, and arranged members to conduct virtual futures trading in connection with the exchange channel 200 index, profits from the member's loss while mediating members to conduct virtual futures trading in connection with the exchange channel 200 index. However, in the case of the members who cause damage to the Defendants due to a large amount of investment profits, an unmanned financial investment business is offered to open a gambling market in the form of financial investment instruments market and receive fees for every transaction from the members by using the securities account in the name of securities account in which the customer deposit money is deposited, and 30% of criminal proceeds would result in the Defendant and 1/3 of the remaining criminal proceeds, B, C, and D.

Accordingly, B, taking overall control of the crime, served as a member recruitment and internal operation of futures experts, C, as a member recruitment and internal operation role, D, as a member of the crime revenue management role, and the defendant as a member of the home trading system (HTS) program for the operation of the futures trading site.

When the Defendant, B, etc., opened a private futures trading site at the “G” site located in Songpa-gu Seoul from March 2, 2012 to July 14, 2014, recruited members such as the “OS200 Futures Trading” issue, and the members deposit cash into the cash deposit account posted on the website of the said private futures trading site and the home network (HTS) provided by the Defendant, the members shall deposit it at the ratio of 1:1 to the trading cyber money for the purpose of trading converted into the ratio of 1:1 and have the members conduct futures trading through the securities account, etc. in the HTS installed on the member’s computer.

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