The prosecutor's appeal is dismissed.

When considering the following circumstances under the summary of the grounds for appeal (misunderstanding of facts), the lower court acquitted the victims of the charges, even though the Defendant introduced the financial products listed in the facts charged (hereinafter “the instant financial products”) as an absolute profit-making type, and explained the victims as if the automatic female system was carried out through the program to automatically sell orders when they reach 6% losses.

From the investigative agency to the court below, the victim I consistently stated that “The victim I had consistently sought explanations from the defendant about the automatic female system and entered into an investment contract, and received risk management assurances in which the automatic female system was entered from the defendant after the occurrence of the loss.”

Generally, financial products for investors are described as the same contents, and the time of the victims' investment is close to the point of time, and the product description is similar.

He explained in the prosecution that “The Defendant operated the instant financial product subject to absolute gains and the average profits between about 42 months were 2 to 3% per month, and there was a loss of approximately 4% per month, and when the loss was 6%, she automatically becomes a female, and according to the explanation, she added the content of the investment-oriented contract to the investment-oriented contract because there is a change in automatically inserting 6% of the number of customers.”

In the instant financial product damages claim case filed against the securities company, etc. that introduced the goods by investors who entered into an investment contract (Seoul Southern District Court 2014 Gohap 9565). Recognizing the fact that the Defendant, etc. explained the goods to investors automatically, the instant financial product does not work automatically, but did not work properly by the employees under the direction of the Defendant, upon receiving an order for sale.