Text
Defendant
A Imprisonment with prison labor for eight months, for six months, for six months, and for eight months, for each of the defendants C and D.
(b).
Reasons
Punishment of the crime
Defendants and F (Suspension of Prosecution) operated a private futures trading office in which those who do not meet the requirements of at least KRW 15 million as required by the Korea Exchange can receive investment money and engage in futures trading, and solicited them to receive fees accordingly, and the F will take charge of the overall management and operation of the said brokerage office, such as fund management, office preparation, etc., and the Defendants will take charge of the normal operation of the futures trading program.
From March 2014, Defendants and F prepared an office of 202 Dong-dong 2003, Seoul G GG building 202, and leased a computer program and a server that allows investors to carry out futures trading on their own, and thereafter recruited investors through Internet advertisement and telephone.
Defendants and F received a total of KRW 4,758,055,997 from investors over 2,307 times as shown in the Schedule of Offenses, and sent a computer program (ELE) for futures trading to the recruited investors. After having the investors conduct futures trading by using the above program, they received approximately KRW 0.025% and KRW 0.12% of each investment amount according to the type of transaction.
Accordingly, the Defendants conspired with F to run a financial investment business without obtaining authorization.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning the examination of the suspect of the defendant A or B by the prosecution;
1. A protocol concerning the interrogation of each police suspect against Defendant C or D;
1. Statement made by the police with H;
1. Voluntary submission of police seizure records and records;
1. Application of each investigation report (Presentation of Suspect B Financial Transaction Records) statute;
1. The Defendants: Article 44 Subparag. 1 and Article 11 of the Financial Investment Services and Capital Markets Act; Article 30 of the Criminal Act; Articles 30 and 11 of the Criminal Act; Articles 14 of the Criminal Act.