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자본시장 불공정행위의 죄수와 부당이득 산정 -대법원 2011.10.27.선고 2011도8109판결을 중심으로- KCI 등재

A study on the standard of counting unfair crimes in capital market and the calculation of its unjust profits

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刑事判例硏究 (형사판례연구)
한국형사판례연구회 (Korean Association of Criminal Case Studies)
초록

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.

저자
  • 김영기(부부장검사, 서울중앙지검 첨단수사1부(개인정보범죄 정부합동수사단)) | Kim, Young-Ki