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published in(发表于) 2014/12/10 8:28:51
Highest Malo using undisclosed information-trading cases protested

Justice Beijing, December 9 (reporter Zheng Henan) reporters today learned from the Supreme People's Procuratorate, on December 8, the Supreme People's Procuratorate, procuratorial Committee for discussion and decision, Malo by using undisclosed information-trading case protested.

On January 2, 2014, the Shenzhen City Procuratorate Malo by using undisclosed information to the Shenzhen Municipal Intermediate People's Court to prosecute the case. On March 24, the Shenzhen intermediate people's Court of first instance in the use of undisclosed information trading, sentenced Malo shall be sentenced to three years and five years ' probation and fined 18.84 million Yuan, and at the same time more than 18.83 million yuan of illegal gains shall be recovered. On April 4, the law applicable to Shenzhen Municipal People's Procuratorate that verdict wrong, sentencing appearance of impropriety, and lodge a protest. Guangdong Province Prosecutor's Office supported the protest. On October 20, the Guangdong provincial higher court rejected the protest and upheld. Guangdong provincial procuratorate think final rulings are mistaken, on November 27, drew the highest protest. On December 8, the highest Inspection Committee will look into the case, arguing that final rulings are wrong on the law applicable to the case, leading to obvious inappropriateness of sentencing, protest a decision to the Supreme Court under the judicial supervision procedure.

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Criminal 180th article first paragraph "insider trading, and leaked insider information sin" securities, and futures trading insider information of informed personnel or illegal gets securities, and futures trading insider information of personnel, in involving securities of issued, securities, and futures trading or other on securities, and futures trading price has major effects of information yet public Qian, buy or sold the securities, or engaged in and the insider information related of futures trading, or leaked the information, or express, and hinted others engaged in above trading activities, plot serious of, Five years of fixed-term imprisonment or criminal detention, and/or illegal income five times, fined more than 1 time times the circumstances are especially serious, shall be sentenced to imprisonment between five to ten years and 1 time more than five times the illegal gains be fined.

Criminal 180th article fourth paragraph "using not public information trading sin" Securities Exchange, and Futures Exchange, and securities company, and Futures brokerage company, and fund management company, and commercial banks, and insurance company, financial institutions of practitioners and related regulatory sector or industry association of staff, using due to positions convenience gets of insider information yiwai of other not public of information, violation provides, engaged in and the information related of securities, and futures trading activities, or express, and hinted others engaged in related trading activities, plot serious of In accordance with the provisions of the first paragraph.

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