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A defendant shall be punished by imprisonment for not less than eight months.
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
The Defendant provided securities account and HTS system so that ordinary investors can conduct futures trading without paying deposits of KRW 15 million, and received certain fees for trading prices and received profits from ordinary investors by acquiring investment losses.
From February 2014 to June 2014, the Defendant, in collusion with a person who was unable to obtain authorization for a financial investment business, received an investment amount of KRW 55,216,430 in total from ordinary investors, such as E by using the Defendant’s Samsung Securities Account (Account Number D) in the name of the Defendant at C Office located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, from the beginning of February 3014 to the Police Officer, and then received an investment amount of KRW 55,216,430 in total from the ordinary investors, such as E, in exchange for a securities account provided on the C website and HTS for a futures trading without the payment of deposit, and then acquired profits equivalent to KRW 60 million
Accordingly, the defendant was engaged in financial investment business without obtaining financial investment business in collusion with a person who is in bad name.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made by the police of the F;
1. Information details, details of transactions of community credit cooperatives, customer registration applications, and account transactions;
1. Application of the Acts and subordinate statutes on the website, and each HTS screen;
1. Article 44 subparagraph 1 and Article 11 of the Financial Investment Services and Capital Markets Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)
1. A prosecutor under Article 62-2(1) of the Social Services and Criminal Act, Article 59 of the Act on Probation, etc. requests a defendant to collect 30 million won from the defendant on the grounds that the defendant distributed 30 million won each of his/her name or poor persons among profits of 60 million won. However, the crime of this case is under the Act on Regulation and Punishment of Criminal Proceeds Concealment.