Spread of rumor
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Feed false information for the purpose of letting the price of securities fluctuate with the spread of rumor (ふうせつのるふ).
Table of contents
Summary
Even if it calls despite falsehood clearly, I might be punished if it is information without rational grounds. On the other hand, I will be punished for duties charge of interference without proving right for "spread of rumor" in Financial Instruments and Exchange Law when it is not aimed for a market price change on feeding false information if there is illegality.
When Securities and Exchange Surveillance Commission established in Financial Services Agency watches it and knows the movement of the gossip spread, I can report it to the committee.
Anyone can perform spread of rumor easily today by using a bulletin board and blog, and, with the spread of Internet, it is a big problem. Particularly, the spread of rumor by spam mails increases in the United States.
Law
- I list only the number of the articles in the following about Financial Instruments and Exchange Law.
One of the prohibition acts in Financial Instruments and Exchange Law (about Article 158, a surcharge about Article 173, penal regulations about Article 197 Clause 1 5, Clause 2, the confiscation of the profit that I got 2 of Article 198). I am sentenced to the fine that is less than penal servitude less than ten years or 10 million yen when I violate it.
When the representatives such as corporations and servant or other employees violate the act concerned about the duties of the corporation or property, the fine punishment that is less than 700 million yen is imposed on the corporation by both punishment rule (Financial Instruments and Exchange Law Article 207 Clause 1 1).
Main text
- Financial Instruments and Exchange Law Article 158
- For some, an offer, the bargain sale of securities or buying and selling or other business or derivatives trading or securities (remove securities or financial products (securities affecting an option or derivatives trading, and say) or a finance index……It spreads and or, using a design, you assault you or must not threaten connections, gossip in a purpose to plan a change of the) market price either.
- Legitimate range
- The range of the act to conflict with it because it is an inclusion rule is wide. Therefore prosecution may not necessarily investigate it by individual items.
Example
- Tokyo District Public Prosecutors Office arrests ex-President at company in Tokyo for a company's stock boost purpose for 1,995 years on the suspicion of having fed false information.
- Securities and Exchange Surveillance Commission accuses the fortune-teller who wrote the introduction article of the stocks brand with a gamble magazine in 1997.
- 1998 ストラットン オークモント fraud
- Tokyo District Public Prosecutors Office arrests Former President Takafumi Horie and others of dot.com company livedoor for stock business in relation to management buyout on the suspicion of spread of rumor on January 23, 2006 (livedoor case).
- The American Securities and Exchange Commission stops the business of 35 companies suspected of the share price manipulation by the spam on March 8, 2007. These were traded in a pink sheet market.
- Saitama District Public Prosecutors Office searched the office of the lawyer in Tokyo saying that I participated in the manipulation of the stock price of OHT of the electronic tester maker on July 14, 2007.
- The police report of I was sent saying that I let the woman whom I threatened when I got a divorce with a wife for the director who was former member of the House of Representatives of the open interface of the Hercules presentation in March, 2008 drained false information such as a director having participated in a murder case on a bulletin board from a divorce was refused, thinking ill, and the stock prices fall.
- A protagonist group was arrested with the president of the company saying that I repeated "the disguise buying and selling" of the stock of the holding company "union Holdings" of the precision equipment maker in November, 2009 and lifted a pretense, the stock prices illegally so that business was carried out lively. Furthermore, president and others were rearrested saying that I let the affiliated insubstantial investment company funnel a part of the third-party allocation of shares that the company carried out in December of the year, and fiction increased the capital.
- I was arrested by the Hyogo Prefectural Police saying that I wrote in false company information at an Internet bulletin board for the purpose of a man resident in Tarumi-ku, Kobe-shi lifting the stock prices of the stocks which oneself held in December, 2011.
Allied item
This article is taken from the Japanese Wikipedia Spread of rumor
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