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(영문) 서울남부지방법원 2013.09.04 2013고단783
자본시장과금융투자업에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, in collusion with D, knew that the general public should open an account with which the consignment guarantee money is deposited in a securities company and make transactions only through the relevant account, and did not prepare a large amount of consignment guarantee money, so that a securities company account with which the consignment guarantee money is deposited is mediated to conduct futures trading by lending it to a securities company account and received a certain percentage of commission from the users of the said account.

The Defendant, without obtaining authorization from the Financial Services Commission from August 20, 2012 to September 28, 2012, opened an office in the trade name of “F” in Seocho-gu Seoul Metropolitan Government Etel 1313, received money necessary for securities transaction from the members recruited through the advertisement, etc. to the bank account (G) with the Defendant’s name, and the members received orders for futures trading using the Home Transaction System (HTS), made them sell and arrange futures by delivering them to a securities company account using the home server, and received 0.025% of the commission per futures trading contract from the members.

Accordingly, the Defendant conspired with D and run financial investment business without obtaining authorization from the Financial Services Commission.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. Application of Acts and subordinate statutes to investigation report (verification of F Trade Price, etc.);

1. Relevant Articles 44 and 11, and 447 of the Financial Investment Services and Capital Markets Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The non-guilty portion of Article 62-2 of the Criminal Act;

1. Summary of the charge of the instant case’s attempted indictment

The Defendant has completed a friendly relationship with “I”, which is a Chinese hacker, leading to an attack against Dracker in the futures account lending company.

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