|1、案例情况 Case introduction
In April 2007, Zhongguancun listed company intends to do asset replacement with Pengtai company. Huang Guangyu is he director of Zhongguancun listed company and the legal representative of the Pengtai company. Huang was involved in the operation and decision-making of the significant asset replacement. Before the information announcement, Huang made the decision and and instructed other people to use the ID cards of Long, Wang and others to open personal stock accounts which are under the directly control of Huang. Between April 27, 2007 and June 27 2007, Huang used the 6 stock accounts mentioned as above to buy more than 9,760,000 shares of the stock of Zhongguancun ( stock code 000931), the turnover was 93,100,000 yuan. The information was announced on June 28th, just then ,the book profit of the 6 stock accounts is 3,480,000 yuan.
In July and August of 2007, Zhongguancun listing Company intended to acquire all equity of Pengrun holding company for restruction. Befor the information announcement, Huang directs others to use the ID cards of Cao Chujuan, Lin Jiafeng and others to open 79 personal stock accounts which are under the control of Huang. Huang arranged the defendant Du Juan to assist to manage the stock accounts in the meantime. From August 13th to September 28day of 2007, Du Juan instigated Du Wei, Du Fei, Xie ( handled separately ) and others use the stock account to buy the stock of Zhongguancun as Huang' s instructions.They bought 104,000,000 shares of stock, and the turnover was 1,322,000,000 yuan. The information was announced on May 7, 2008, just then, the book profit of the stock accounts was 306,000,000 yuan.
During this time, Although Xu Zhongmin had known Huang made use of the inside information to do the Zhongguancun stock exchange, he still accepted Huang's instruction and instigated Xu Weiming (handled separately ) to open individual stock accounts using other people's ID cards or direct borrowed the stock accounts of others in Guangdong, the amount of the related stock accounts are 30. From August 13, 2007 to September 28 2007, the stock accounts mentioned above bought a total of more than 31,660,000 shares of stocks of Zhongguancun, the stock turnover was 414,000,000 yuan. The information was announced on May 7, 2008, just then, the book profit of the stock accounts was 90,210,000 yuan.
In July and August in 2007, Xu Zhongmin intentionally leaked the information of Zhongguancun listed Company planning to restructure to Xiang Huaizhu, his wife Li Shanjuan (both are handled separately) and other people. In September 21st to 25th in the same year, Li Shanjuan bought 120,000 shares of Zhongguancun stock by 7 times in her individual account, the turnover is 1,810,000 yuan.
The trial was judged and closed in Beijing second intermediate people's court, the judgment is as followed:
Huang Guangyu committed the crime of insider trading, was sentenced to nine-year imprisonment, with 600,000,000 yuan fine;
Du Juan committed the crime of insider trading, and is sentenced to imprisonment of three years and six months, with 200,000,000 yuan fine
Xu Zhongmin is guilty of insider trading, divulging inside information, and is sentenced to three-year imprisonment, with 100,000,000 yuan fine
The judgement to Huang Guangyu, Du Juan and Xu Zhongmin is in accordance with the following conditions
The information of Zhongguancun listed Company plans to do asset replacement with Pengtai company and intended to acquire all the equity of Pengtai holding company for restructing reorganization is significant event. The information is inside information prior the information announcement;
Huang Guangyu, Du Juan, and Xu Zhongmin are insiders of the inside information;
Related transaction behavior is consistent with obvious abnormal identification;
Criminal amount is especially serious.