자본시장 불공정행위의 죄수와 부당이득 산정

A studyonthestandardofcountingunfair crimesincapitalmarketandthecalculation ofitsunjustprofits

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.