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(영문) 서울중앙지방법원 2016.06.09 2016고단1880
자본시장과금융투자업에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an exchange under the Financial Investment Services and Capital Markets Act, shall establish a financial investment instruments trading market or any other similar facility, nor trade securities or derivatives in the market using any similar facility.

The defendant was in charge of the management of employees and customers of the division division division leader B and C opened a website B, D, and E so that C can perform index futures trading in the course of 200 program, and F is in charge of customer counseling and fund-raising business while serving as B.

The Defendant, in collusion with C and F from January 2013 to August 20 of the same year, opened an Internet site B, D, and E at the Gangnam-gu Seoul Metropolitan Government Office, opened an Internet site B, and recruited members to trade “the 200 index futures trading”, etc., and received a certain amount of money from H companies bank accounts (I) as shown in the attached Table 1 sheet of crime No. 2,308,54,500, B, as shown in the attached Table No. 2 sheet of crime No. 2, as in the attached Table No. 1 sheet of crime No. 1, and deposited KRW 1,046,59,010 with the National Bank account (K) in the name of J, as in the attached Table No. 2 sheet of crime No. 3, and deposited KRW 145,000,000 in the name of the national bank account (M) in the attached Table No. 3.

Accordingly, the Defendant, in collusion with C, F, etc., opened a financial investment instruments trading market and traded it even if it is not an exchange.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution regarding N;

1. A protocol concerning the examination of suspects of J, N, H, C,O, L, or police;

1. Data on internal investigation reports (printed attachment of files restored from external Hydboards), warrant replies;

1. Application of Acts and subordinate statutes on account transactions on each site;

1. Articles 444 subparag. 27 and 386 subparag. 27 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 25, 2013); Articles 386 subparag. 27 and 386 subparag. 2 of the same Act concerning criminal facts; the choice of imprisonment and/or imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act

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