| dc.description.abstract | 《Securities Exchange Act》Article 171：「A person who has committed any of the following offenses shall be punished with imprisonment for not less than three years and not more than ten years, and in addition thereto, a fine of not less than NT$10 million and not more than NT$200 million may be imposed:1.A person who has violated the provisions of paragraph 1 or paragraph 2 of Article 20, paragraph 1 or paragraph 2 of Article 155, or paragraph 1 or 2 of Article 157-1. 2.A director, supervisor, managerial officer or employee of an issuer under this Act who, directly or indirectly, causes the company to conduct transactions to its disadvantage and not in the normal course of operation, thus causing substantial damage to the company. 3.A director, supervisor, or managerial officer of an issuer under this Act who, with intent to procure a benefit for himself/herself or for a third person, acts contrary to his/her duties or misappropriates company assets, thus causing damage of NT$5 million or more to the company. 」；「Where the amount gained by the commission of an offense under the preceding paragraph is NT$100 million or more, a sentence of imprisonment for not less than seven years shall be imposed, and in addition thereto a fine of not less than NT$25 million and not more than NT$500 million may be imposed. 」This law in order to prevent the occurrence of crime, to establish the amount obtained for NT $ 100 million or more, the defendant Aggravated Punishment. Hoping by heavier penalties for insider trading, can achieve the purpose of preventing the occurrence of crime. But the law does not require the definition of proceeds of crime, and the formula. So there are a lot of controversial court decisions have wasted a lot of time and manpower.
This article attempts to ＂ Taiwan Land Development Corporation insider trading ＂ for example, to analyze the court on the case calculation methods, and with reference to jurisprudence and related research, the method for the calculation of ＂insider trading proceeds of crime＂, and try to reconstruct and repair method of concrete proposals, in order to meet the ＂principle of legality＂, maintaining the stability of law and certainty. | en_US |