자본시장 불공정행위의 죄수와 부당이득 산정 - 대법원 2011. 10. 27. 선고 2011도8109 판결을 중심으로 -
A study on the standard of counting unfair crimes in capital market and the calculation of its unjust profits
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The calculations of price manipulations, insider-tradings, fraudulent transactions in our capital market, it is regarded as technicals and normatives issues. We have a burning problem which we have to make its scoring criterias. The standard of counting unfair crimes in capital market have relevance to the calculation of its unjust profits. I can't accept the decision of supreme court that declared price manipulations, insider-tradings, fraudulent transactions as a comprehensive crime with a consequence that its offenders may be placed on a mild punishment unduly. We should punish offenders who have committed crimes in capital market in order to protect investor's personal property consequently we should apply our current law to unfair crimes in capital market in which price manipulations, insider-tradings, fraudulent transactions are regarded as severals separated-crimes not as a comprehensive crime.
Abstract
The calculations of price manipulations, insider-tradings, fraudulent transactions in our capital market, it is regarded as technicals and normatives issues. We have a burning problem which we have to make its scoring criterias. The standard of counting unfair crimes in capital market have relevance to the calculation of its unjust profits. I can't accept the decision of supreme court that declared price manipulations, insider-tradings, fraudulent transactions as a comprehensive crime with a consequence that its offenders may be placed on a mild punishment unduly. We should punish offenders who have committed crimes in capital market in order to protect investor's personal property consequently we should apply our current law to unfair crimes in capital market in which price manipulations, insider-tradings, fraudulent transactions are regarded as severals separated-crimes not as a comprehensive crime.
참고문헌 (6)
- 김건식, "자본시장법 제3판" (2013), 두성사
- 김병연, "자본시장법" (2012), 박영사
- 김정수, "자본시장법원론" (2011), SFL그룹
- 박순철, "미공개중요정보이용행위의 이해" (2010), 박영사
- 정웅석, "형사소송법" (2007), 대명출판사
- 자본시장법 제정안 심사보고서, "국회 재정경제위원회", ~ (2007)