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(영문) 서울동부지방법원 2013.03.15 2013고정307
자본시장과금융투자업에관한법률위반
Text

Defendant shall be punished by a fine of KRW 25,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall run financial investment business, such as financial brokerage business, without obtaining authorization therefor under the Financial Investment Services and Capital Markets Act.

From June 24, 2012 to November 7, 2012, the Defendant opened a C’s website (D) on the Internet at the office of office in Songpa-gu Seoul Metropolitan Government (hereinafter “Seoul building 405”) from around June 24, 2012, and recruited futures and options investors, lending the securities account managed by the Defendant to its members, and lending the securities account to the said account as deposit money, and then lending the money to the said account as deposit money, and allowing its members to invest funds through the securities account leased and to make futures and options transactions, and receive a financial investment brokerage commission under the pretext of interest on deposit money and fee for account use.

Accordingly, the Defendant run an investment brokerage business without obtaining authorization from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. List of members and details of transactions of national banks;

1. Application of Acts and subordinate statutes to an investigation report (trade volume and gains specified);

1. Relevant Article 44 of the Financial Investment Services and Capital Markets Act and Articles 444 subparagraph 1 and 11 of the same Act concerning facts constituting an offense, and selection of fines;

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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