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(영문) 서울남부지방법원 2017.03.28 2017고단37
자본시장과금융투자업에관한법률위반
Text

1. The defendant shall be punished by imprisonment with prison labor for two years and a fine of two hundred million won;

2. When the defendant does not pay the above fine;

Reasons

Punishment of the crime

No one shall engage in financial investment business without obtaining authorization from a financial committee member's association.

From November 17, 2012 to September 9, 2016, the Defendant received brokerage fees of KRW 5,649,322,313 from an unspecified number of investors, in a manner that: (a) the purchase price of stocks of an unlisted company, such as the KCAB Korea, from an unspecified number of investors, is deposited in the account in the name of the Defendant himself/herself, or the balance after deducting brokerage fees, and purchases stocks of an unlisted company in the name of the Defendant; and (b) purchases stocks of an unlisted company in the name of the investors; and (c) purchases them in the name of the investors; and (d) purchases them.

Accordingly, the Defendant run a financial investment business (investment brokerage business) without obtaining an authorization from a financial member's association.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspects of F and G by the prosecution;

1. Investigation report (report on the results of inquiry about the authorization for a financial investment business to the Association for a financial investment business), and the status of authorization for financial investment business entities;

1. A-related investigation report (report on the results of tracking funds of the A-related account);

1. A copy of the transaction statement of H account in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank A in the Bank H account H account and other transaction records, one copy of the transaction statement of the A in the Bank A in the Bank A in the Bank A in the J in the Bank A in the Bank A in the Bank A in the name of deposit holders (the report on the results of additional funding tracking of the A in the A-related account);

1. A copy of the details of the transaction in the AFF AC (1~8 times a year to a year), No. 1;

2. One copy of the transaction details of the K account in the K Bank of the National Bank of Korea (No. 1 to 8 once a year).

1. Investigative report (the final details of mediation by the UA and the Bank of Bankruptcy), application of the Act and subordinate statutes of 1 copy, the records of mediation by the KA and the Bank of Bankruptcy, E and A UA, respectively;

1. Relevant Article of the Act on Criminal Facts and Articles 444 subparagraph 1, 11, and 447 (2) of the Financial Investment Services and Capital Markets Act (Concurrent imposition of imprisonment and fines);

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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