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(영문) 대구지방법원 2019.11.21 2019고단4576
자본시장과금융투자업에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall establish or operate a financial investment instruments market without permission for an exchange under the Financial Investment Services and Capital Markets Act.

Nevertheless, around August 2017, the Defendant: (a) took advantage of the fact that there is a need to deposit more than a certain amount in order to trade derivatives in the market, such as futures trading, etc.; (b) the Defendant: (c) using the fact that it is difficult for the said operator to conduct futures trading, etc., if there is no deposit; (d) using the program that the investor imitates securities company or orders to trade stocks using a computer at home or at work without using telephone; and (e) developing a private futures trading site that is linked with the HTS of C Securities Company; (e) the Defendant recruited the operator of the said futures trading site to sell the said site and maintain and repair the said site after selling it; and (e) the said operator recruited those who want to use the said private futures trading site as its members, and (e) had them trade derivatives in the market and outside Korea, such as Y200 options, overseas futures trading at the time of trading with members, and (e) had them acquire and operate the said site at a certain rate of time of trading with members and members’ profits.

1. On August 2017, the Defendant requested the sale of the said private futures trading site from a person who wishes to operate the said private futures trading site, and sold the said private futures trading site via receiving KRW 2800,000,000,000 from the above-mentioned private futures trading site to the above-mentioned bearers each month, and then, received 5% of the commission and the losses of the members for each transaction from the members who use the said private futures trading site, as the cost of maintaining and repairing the said private futures trading site.

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