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(영문) 대전지방법원 천안지원 2015.09.10 2014고단1884
자본시장과금융투자업에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. No person who violates the Financial Investment Services and Capital Markets Act (No person shall operate a discretionary investment business or an investment advisory business without making a registration with the Financial Services Commission;

Nevertheless, on June 2014, the Defendant, without registering with the competent supervisory authority, opened a camera in the name of “E” following the Internet at the Defendant’s office located in the Seo-gu Incheon Metropolitan City D Building 601-2, Seo-gu, Incheon Metropolitan City around June 2014, and upon delegation of all authorities related to stock investment with a four share investment period, invested in domestic shares with a delegation of all rights related to stock investment, thereby guaranteeing the principal and 80% profits. On July 8, 2014, the Defendant prepared a written entrustment of business with C on a deposit basis with the said C on a deposit basis of the said C on a deposit basis of KRW 70,625,349, KRW 700,000,000,000,000 won in the name of the said C, and purchased the discretionary investment business by receiving KRW 8,670,100,000 from the Defendant’s account in the Agricultural Cooperative Co., Ltd. operated by the Defendant.

2. Fraud (2015No. 80, 676, and 826) only has social experience, such as Kink's operation, vicarious driving, etc., in the academic background set aside in the first grade of high school, and had no personal experience in the business related to the creation of professional investment and profit-making of stocks. However, as seen in the foregoing paragraph (1), the Defendant opened a specialized car page in the name of "E" on the Internet, and registered an individual entrepreneur with the trade name of "G" at its own office at the Seo-gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City on June 2014, and established a corporate entity as "F stock company" around July 2014.

The defendant consulted with the financial investment in the above car page, and "the portion of loss after the closing of the daily stock market is immediately recovered, and the special member's weekly profit is within 100-300%."

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