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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2018Do8438 Decided October 12, 2018 【Violation of the Financial Investment Services and Capital Markets Act; Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes】* First draft [full Text]
Summary
Matters to be taken account of when calculating “the amount equivalent to the gain accrued from the violation” in order to apply Article 443(1) proviso and Article 443(2) of the former Financial Investment Services and Capital Markets Act and whether “the gain accrued from the violation” includes both realized gain and unrealized gain (affirmative)
In a case where stock price is raised by market price manipulation, method of calculating the realized gain therefrom
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