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Subdivision of sentence standard for the crime of deceiving investors to buy and sell futures contracts
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than 10,000 yuan but not more than 100,000 yuan; If the circumstances are especially bad, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

legal ground

Article 180 of the Criminal Law stipulates that the insider of securities and futures trading or the person who illegally obtains the insider information of securities and futures trading shall, before the disclosure of securities, securities and futures trading or other information that has a significant impact on the price of securities and futures trading;

Buying or selling the securities, or engaging in futures trading related to the inside information, or disclosing the information, or explicitly or implicitly engaging others in the above trading activities;

If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be fined not less than one time but not more than five times the illegal income.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. The scope of insider information and insiders shall be determined in accordance with the provisions of laws and administrative regulations.

Employees of financial institutions such as stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies, and staff of relevant regulatory authorities or industry associations;

Whoever uses undisclosed information other than insider information obtained by taking advantage of his position to engage in securities and futures trading activities related to this information in violation of regulations, or explicitly or implicitly engages in related trading activities by others, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph.