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(영문) 서울남부지방법원 2014.04.23 2014고정749
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to run an investment advisory business shall file for registration with the Financial Services Commission.

Nevertheless, around June 4, 2012, the Defendant opened a car page with a trade name “C” on the Internet website at the Defendant’s residence, Yangcheon-gu Seoul, 202, the Defendant received KRW 200,000 from D on September 3, 2012, KRW 200,000 from E on September 5, 2012, and KRW 600,000 from F on March 28, 2013, and provided advice on the items of investment, holding period, timing of sale, etc. to unspecified members of the above Internet car page who are interested in financial investment instruments, etc., and provided advice on the value of financial investment instruments, etc. and the decision-making thereon.

Accordingly, the Defendant run an investment advisory business without registering the financial investment business with the Financial Services Commission.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes to the liquidity transaction details inquiry and Internet search result attached to the police interrogation protocol of the accused;

1. Article 45 of the Financial Investment Services and Capital Markets Act and Articles 445 subparagraph 1 and 17 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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