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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall engage in the investment-related forestry business without being registered as a financial investment business.
Nevertheless, on July 1, 2014, the Defendant, without registering a financial investment business, entered into an investment service agreement with C on the condition that C will receive 30% of the profits accrued from the sale and purchase of stocks from the office located in Gangnam-gu Seoul Metropolitan Government after being entrusted with investment of stocks from C, and then run a forestry business as a financial investment business by trading stocks over several times through the Samsung Securities Account (E) in the name of C from July 14, 2014 to November 2, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Each investigation report;
1. Application of Acts and subordinate statutes on criminal investigation request;
1. Article 45 of the Financial Investment Services and Capital Markets Act and Articles 445 subparagraph 1 and 17 of the same Act concerning criminal facts and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The fact that the defendant is against the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the scale and period of the financial investment business, motive for the crime, circumstances after the crime, etc.