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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 21, 2010, Defendant A was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Southern District Court on December 21, 2010, and the said judgment became final and conclusive on December 19, 2010, during the current suspended sentence period.
2. The Defendant B operated a private futures trading site in which virtual futures trading (definite futures) takes place after receiving the COS 200 index offered at a futures exchange office in the name of “E” from May 2010 to August 30, 2010.
Under the current law, it is necessary to deposit more than 15 million won per one contract for futures trading, which is an exchange-traded derivatives. The above site was a business that, after inviting members who do not have such deposit money, allows them to make futures investment in the private site in connection with the KOS 200 index in the futures exchange center through HTS, and receives fees for each transaction and pays profits (in the event that members actually make an investment in money within the site and pay profits, the site operator shall pay such profits, and in the event that the members compensate for losses, they shall make the profits of the operator).
Defendant
B around the end of December, 2010, at the Buddhist Site in Seoul, Defendant A requested to “the request to use the Nice gift program necessary for operating the Nice gift site” and provided the Nice gift program purchased at the time of operation of E with the knowledge that the private gift site cannot obtain authorization from financial institutions. Defendant A conspired to newly register the business and operate the private gift site such as E to pay 40% of the profits to Defendant B.
Defendant
B On January 201, 201, the first 20,000 won was delivered to Defendant A in return for the provision of the Nice gift program used at the time of operation E in the French Site located in Seoul.
Defendant
A. The Financial Services Commission.