logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2013.07.04 2013고정705
자본시장과금융투자업에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one may run a discretionary investment business engaging in the business of acquiring, disposing of, or managing financial investment instruments in any other way by being entrusted by investors with the whole or part of judgment on investment in financial investment instruments, without registering the financial investment business, separately for each investor.

Nevertheless, around May 17, 2011, the Defendant advertised to attract investors twice a day to the information market for high-frequency rice with the content of “observers, futures distribution room, together with others, and KRW 100,000,000,000,000,000,000 won per day,” in the daily information market for high-frequency rice.

Around May 29, 2011, the Defendant called “D’s house located in Yongsan-gu Seoul Metropolitan Government, Goyang-si, that “If it invests five million won, it will give a daily profit of KRW 100,000 and guarantee the principal.” On May 31, 2011, the Defendant received KRW 500,000,000 on June 7, 2011, and received KRW 2 million on June 14, 201 to the Defendant’s post office account, and made investment in futures and options through the lending account opened in futures, options account lending company E, etc.

Accordingly, the defendant did not register the financial investment business and run a discretionary investment business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant legal provisions and Articles 445 subparagraph 1 and 17 of the Financial Investment Services and Capital Markets Act concerning criminal facts, and selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are that the Defendant agreed with D (the Investigation Record 197 pages) and other various conditions of sentencing, including the following circumstances, the Defendant’s age, character and conduct, family environment, etc., shall be determined by comprehensively taking into account the following factors:

arrow