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(영문) 서울남부지방법원 2017.12.14 2016고정218
자본시장과금융투자업에관한법률위반
Text

Defendant

B and C shall be punished by a fine of KRW 7,000,000.

Defendant

B and C fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Ⅰ. Defendant B, including Defendant B and C’s position, worked as the head of F Co., Ltd. (hereinafter “F”), from January 2008 to December 2013, 2013, and currently worked as the head of GWholesale business sector. Defendant C worked as the head of FF Financial Instruments Corporation 2 from April 2010 to December 2014, and currently worked as the head of FF Dongdong Branch.

On the other hand, F is a financial investment business entity authorized to engage in investment forestry and trust business, and is in charge of attracting funds by entering into a rap contract, trust contract, and trust contract with investors, and the customer asset management headquarters has a rap operating division and trust division to manage the funds held by the Ministry of Finance and Economy.

Ⅱ Under the international financial crisis that occurred in the U.S. around September 2008 with the motive and conspiracy to commit the crime, countries including the U.S. have been implementing low interest rate policies on the grounds of the economic support, etc., and in Korea, the low interest rate policies were equally implemented.

Accordingly, as the increase in the bond price is anticipated, domestic securities companies, etc. began to increase the ratio of inclusion in the bond in the asset management.

On the other hand, due to the foregoing international financial crisis and the situation of the suspension of domestic savings bank business, the reporting of receipt of postal savings was rapidly increased as domestic funds were moved into large postal savings, and Korea Post invested in high interest financial investment instruments, such as CP and AB CP, which can guarantee high-income by operating the increased short-term funds.

Accordingly, in order to attract short-term funds more than other securities companies, the vice officers and employees of the FF financial product corporation have the return on investment by presenting the investment proposal with high return on investment to Korea Post, etc.

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