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 White paper on crime 2007 Part1/Chapter3/Section2/2 

2 Economic offenses

  Fig. 1-3-2-4 shows the number of persons newly received by public prosecutors offices for violations of the Commercial Code (Act No. 48 of 1899 prior to the revision by Act No. 87 of 2005; hereinafter the same), Companies Act (Act No. 86 of 2005; date of enforcement: May 1, 2006), Anti-Monopoly Act, and Securities and Exchange Act (Act No. 25 of 1948) over the last 10 years.

Fig. 1-3-2-4  Number of persons newly received by public prosecutors offices for violations of the Commercial Code, Companies Act, Anti-Monopoly Act, and Securities and Exchange Act (1997-2006)

  In FY2006, the Securities and Exchange Surveillance Commission filed accusations for 10 cases (25 persons) with public prosecutors for Securities and Exchange Act violations. More specifically, 8 cases (15 persons) were accused with insider trading, 1 case (7 persons) with market manipulation, and 1 case (3 persons) with submission of false financial statements, etc. (Source: The Securities and Exchange Surveillance Commission).
  In FY2006, the Fair Trade Commission filed an accusation on 2 cases (32 persons including juridical persons) for Anti-Monopoly Act violations.
  Table 1-3-2-5 shows the number of persons prosecuted or not prosecuted by public prosecutors over the last five years for violations of the Commercial Code and Companies Act, Anti-Monopoly Act, and Securities and Exchange Act.

Table 1-3-2-5  Number of persons prosecuted or not prosecuted for violations of Commercial Code/Companies Act, Anti-Monopoly Act, and Securities and Exchange Act (2002-2006)

  In 2006, summary trial procedures were taken for 5 out of 10 persons prosecuted for violations of the Commercial Code/Companies Act, and for 2 out of 54 persons prosecuted for violations of Securities and Exchange Act, but all other prosecuted persons were indicted (Source: Annual Report of Statistics on Prosecution).
  Furthermore, in regard to cases prosecuted for violations of Anti-Monopoly Act in FY 2006, all of them were prosecuted with district courts through investigation by public prosecutors offices as a result of the enquiry on irregularities conducted by the Fair Trade Commission pursuant to the Act for Partial Amendment to the Anti-Monopoly Act (Act No. 35 of 2005) enforced since January 4, 2006.
  The title of the act “Securities and Exchange Act” was changed into “Financial Instruments and Exchange Act” by the Act for Partial Amendment to the Securities and Exchange Act (Act No. 65 of 2006; partly enforced in July 4, 2006 and fully enforced in September 30, 2006 including the change of the title).