the prosecution - although new Kin Chung, Peter's modus operandi, or meet the real stock market manipulation section 182 of the Criminal Code provisions of the crime is the manipulation of a stock or the implementation of the human impact, to generate increases in stock trends are blindly follow others, you quickly sell, the act itself is the first to trading activities, will be carried out if the circumstances are serious Criminal Code to regulate; if the circumstances are not serious, by the administrative organs such as the Commission for administrative penalties. According Zuigao Jian, Ministry of Public Security on the economic crimes prosecution standard on manipulating the stock market more than 50 million illegal profit to be prosecuted, which is administrative and criminal boundaries. We believe that the circumstances are especially serious Kin Chung, Peter, into the offense certainly no problem.
contradictions Kin Chung, Peter
Reporter: loss of the investors can make a civil claim?
Kin Chung, Peter's lawyer said before Chengkai Ting Gao, Kin Chung, Peter is a super heavyweight stocks to buy, with a few million to tens of millions of Kin Chung, Peter amount of money is impossible to manipulate. Sell their shares but also in Wang, these super-heavyweight stock is still rising. Kin Chung, Peter for the interests of the bull market should fall through the normal market for speculative gains, rather than to manipulate the market for illegal extra benefits. Gao Cheng believes that the Commission has already made an administrative penalty Kin Chung, Peter, Kin Chung, Peter illegal income confiscated more than 125 million yuan, impose a fine equal, should not and there is no need to criminal penalties.
Kin Chung, Peter Wang Xianjiang general stock market today,
sac chanel, but these days has been good, many people began to approach. Today there is a news and stock market related: Kin Chung, Peter trial. He was known as the Warren, now known as the black. It was admitted, it was It warns you with an example: These words apply to normal shareholders, such a person applies for Kin Chung, Peter, is just another interpretation.
was born in 1968, Huaining County, farm families is the smallest of four children at home. In 1984, Kin Chung, Peter was admitted to Department of Finance, Xiamen University, is a family out of the first students.
court battle
My insight, my report might follow the introduction of the stock to buy my opinion. When you are buying the stock when the stock price will naturally increase, I then pre-sold all the stock to buy.
This morning, the first since the history of China's stock market stock market stock market manipulation case in black mouth Beijing Second Intermediate People's Court hearing, 42-year-old investment adviser in Beijing Ltd, the first person put Kin Chung, Peter trial. From a historical situation, the stock market
Kin Chung, Peter's lawyer, met with several high-Cheng Wang himself, he said allegations that Wang / p>
Lu Hao: Council code of conduct for stock analysts who have restraint and warning. Provisions of some foreign stock markets, stock analysts who hold their shares to the facts or conduct of such notice. Notice behavior had to be excluded from crime. First to refer to securities trading institutions, professional intermediaries and their staff related to trade or hold securities in order to get through the expected market volatility of economic interests. However, these persons and institutions according to relevant laws, has made the relevant public notice, and is not regarded as the first to trading operations.
Kin Chung, Peter was arrested, the prosecutor revealed the secret of his money: VI. So there is, the stock rose a penny I make money. ?
the first to manipulate the securities market transactions are identified as criminal, there is no precedent in the country. Also rare in the foreign securities market, along with Germany have occurred, a fund manager who recommended the stock to investors through, for preemptive transaction,
Chanel Sito Ufficiale, and ultimately was identified as market manipulation. How to define the legal nature of the first to transactions, the securities industry in various countries has been controversial. In the case before the trial Kin Chung, Peter, both the prosecution and the defense, told reporters that the trial debate, this is a very prominent focus.
2006 year bull market, the multi-Kin Chung, Peter the name of charity and their home together. 5 million for the home he financed the construction of highways; villager surnamed Wang above 60 years old men and women over the age of 55, 500 yuan per person per year to enjoy pension; all the village college students, high school, were 500 yuan subsidy a year; 2007 1 month, he donated 200 million to improve the school alma mater, the conditions of high river high school teachers and students rewarded. In the same year, set up a time of his black mouth enrichment coincident. Hard to imagine a return home in the sun, successful society, but also secretly doing harm shareholders scandal, the conflict between good and evil people can not see a real unity of the Kin Chung, Peter. But perhaps not in itself contradictory. If you are a change for Kin Chung, Peter, has the ability to do anything they want the stock market in the face of the interests at hand, can withstand the temptation?
According to the second branch of the public prosecutor's Procuratorate of Beijing Lu Hao introduced in the inception of the company, the Beijing premiere business model is quite formal. Later, policy changes, recruiting members of the business was called off. As an advisory body, released the first place outside of the company can only report to the social marketing consulting products, the company's business difficulties. It was at this time, Kin Chung, Peter began to have some other ideas.
immoral to deny recognition of crime
2006, the Kin Chung, Peter and relatives to use their own name, open a securities account of 9, while the corresponding funds in various bank accounts for funds transfer transactions.
Commission on each purchase Kin Chung, Peter, recommended shares are sold to do the statistics, that can be the first to clearly reflect the transactions Kin Chung, Peter - who published his well-known media stocks recommended articles, correspondence will be there early to buy into the stock behavior. The first to buy the stock, Kin Chung, Peter will be opening the next day within a half-hour sold all, whether compensation is earned.
pre-empt the transaction is not a crime
1989, the Kin Chung, Peter, after graduating from university in any branch of the bank loan officer, Tai Hing. 4 years later, he admitted to the finance company of Air China, and opened his first stock account. 1998-2001, Kin Chung, Peter investment strategy in the service in Beijing Investment Consultants Limited. August 2001, Beijing established Kin Chung, Peter and his ex-wife Zhao Yuling the first place, and gradually become the stock market talking heads.
defense - the first to transactions whether the behavior of stock market manipulation, the law does not specify, according to the principle of legality, should not be recognized as a crime. China's not provided. The first to transactions, even if they are identified as illegal and can not be identified as a criminal offense. Even if the Commission finds that the action violates the law can not be used as the basis for criminal punishment. Although the Commission to develop a Punishment is no legal basis.
Photo
55 transaction costing him 10 times
founded to serve the retail company
after being arrested, Kin Chung, Peter has not recognized his charges, he thinks his actions have not reached the level of crime, is immoral.
but he did not continue the road of individual stocks, but launched an ongoing money-losing first place in Beijing Investment Consultants Limited. In 2003, Kin Chung, Peter began to appear frequently in the media, stock analysts who became influential. Big bear market in 2003, Kin Chung, Peter Every Monday morning, the stock-market investors who will find, put the company first recommended the stock on Friday, more than one thousand shares in the Shanghai and Shenzhen,
chanel 2.55, always among the front ranking gains that formed in the industry
prosecution alleged that in the past two years, Kin Chung, Peter A total of 55 times the implementation of the behavior of stock market manipulation, stock and warrants for 38 .
10 am, Kin Chung, Peter was brought to court. After hearing the prosecutor read the indictment, the indictment stated Kin Chung, Peter said that there is an objection 7. Kin Chung, Peter Yiziyidun statements, the indictment stated he disagrees with the address, open an account situation, trading objections, the indictment said he had objections to ignore national laws, 125 million of illegal profits disagree of recommended stocks through the media disagrees with operating behavior of 55 objections.
operating difficulties of the transformation occurs
after completion of preparation, Kin Chung, Peter used his , and the first to buy or sell their securities to market fluctuations from the expected profit), Kin Chung, Peter at this time, the original intention had been to avoid the retail blind, blind transformation to take advantage of this to make money.
trial before the black mouth that 7 objections
Second Branch of Beijing Procuratorate prosecutor that the crime should be investigated for stock market manipulation of the criminal Kin Chung, Peter. The prosecution allegations, Kin Chung, Peter in July 2006 to May 2008, the use of himself and others on behalf of a number of securities accounts opened to take first buy the underlying securities, after the use of external name of the company recommended the stock in the media, human the price of securities trading and information disclosure related to securities sold soon after. 55 Kin Chung, Peter stock market manipulation, illegal profits of more than 125 million yuan owned by individuals.
undulating track
Kin Chung, Peter is the first to buy blue chips. After Kin Chung, Peter's recommendation, the stocks significantly higher opening day, or most of the more than gains. One is the relatively high profits warrant. April 2007, Kin Chung, Peter spent seven account funds, warrants of Wuhan Iron and Steel had a rush hat trade, once profit 11.56 million yuan. According to Lu Hao described as risky, Kin Chung, Peter only short-term, because money can be caught. However, in 55 transactions, 10 Kin Chung, Peter still lost money.
courtroom
Lu Hao: It may be difficult for larger. Because in terms of civil, who advocate who proof, I said that I bought at a certain time, and Commercial Bank, now I do lose, but I had listened to the views of Kin Chung, Peter, it should produce evidence to support that investment for a common people, may be relatively large number of difficulties. And grab a hat transactions Kin Chung, Peter is the new types of crime itself, the difficulty will be even greater civil point.
real income by the market, rather than purely speculative or pure gambling mentality in the market. Kin Chung, Peter stocks since 1993, when only a million or so invested, with accurate short-term fight, Kin Chung, Peter 2003, when the capital stock has reached tens of millions.
Company recommended the stock of information, not subjective deliberate market manipulation. When the public prosecutor so that their stock analysts Kin Chung, Peter influential people to make the evaluation, Kin Chung, Peter says he has no influence.
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