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2024.0403

Number of words in this article:2393, reading time is about 4 minutes

introduction： 证监会决定，没收王斌违法所得90275100.77元， 并处以 180550201.54元罚款 。

** Source| ** China Securities Regulatory Commission official website

On the evening of April 3, the official website of the China Securities Regulatory Commission issued the "China Securities Regulatory Commission Administrative Punishment Decision (Wang Bin)".

From December 15, 2020 to November 17, 2021 (hereinafter referred to as the manipulation period), Wang Bin controlled the use of 87 securities accounts (hereinafter referred to as the account group) to trade "Opang Technology" stocks.

During the manipulation period, Wang Bin influenced the trading price and trading volume of "Diguang Technology" shares by concentrating his capital advantages and shareholding advantages in continuous trading, and trading between accounts he actually controlled. During the manipulation period, Wang Bin controlled the use of the account group to manipulate "Opang Technology" to make a total profit of 90,275,100.77 yuan.

The above-mentioned illegal facts include inquiry transcripts, situation explanations, WeChat chat records of relevant personnel, securities account information, bank account information, office-related information, law enforcement records, relevant software installation packages and instructions, transaction equipment evidence collection, exchange data and other evidence. Proof is sufficient to identify. Based on the facts, nature, circumstances and degree of social harm of the parties 'illegal acts, and in accordance with the provisions of Article 192 of the Securities Law, the CSRC decided:Wang Bin's illegal income of 90,275,100.77 yuan was confiscated and a fine of 180,550,201.54 yuan was imposed.

Original text of penalty decision

Party concerned: Wang Bin, male, born in January 1990, address: Ouhai District, Wenzhou City, Zhejiang Province. In accordance with the relevant provisions of the Securities Law of the People's Republic of China (hereinafter referred to as the "Securities Law"), I investigated and tried Wang Bin's manipulation of the stock of Optoelectronic Explosion-Proof Technology Co., Ltd.(hereinafter referred to as Optoelectronic Technology), and informed the parties concerned in accordance with the law of the facts, reasons, basis for imposing the administrative penalty and the rights enjoyed by the parties in accordance with the law. At the request of the parties concerned, we held a hearing on February 24, 2023, and listened to the statements and arguments of Wang Bin and his agent. The case has now been investigated and the trial has been concluded. It was found that Wang Bin had the following illegal facts: 1. Wang Bin controlled the use of securities accounts From December 15, 2020 to November 17, 2021 (hereinafter referred to as the manipulation period), Wang Bin controlled the use of 87 securities accounts (hereinafter referred to as the account group) to trade "Opang Technology" stocks. 2. Wang Bin's manipulation of "Electric Light Technology" During the manipulation period, Wang Bin influenced the trading price and trading volume of "Electric Light Technology" stock by concentrating his capital advantages and shareholding advantages in continuous trading, and conducting transactions between accounts he actually controlled. the details are as follows:(1) during the period of capital advantage manipulation, 120 trading days (accounting for 53.57%) and 157 trading days (accounting for 70.09%) ranked first in the trading volume of "Electric Optical Technology" stocks purchased by the account group. 100 trading days (44.64%) ranked first in sales volume, and 134 trading days (59.82%) ranked in the top 10. During the manipulation period, there were 94 trading days (41.96%), 53 trading days (23.66%) and 28 trading days (12.50%) in which the number of shares purchased by the account group accounted for more than 10% of the market turnover. On December 24, 2020, purchases accounted for up to 64.07% of the market turnover. There are 80 trading days (35.71%), 51 trading days (22.77%) and 30 trading days (13.39%) in the account group, which account for more than 10% of the market turnover, 35.71%, 22.77% and 13.39% respectively. On March 22, 2021, sales accounted for 51.49% of the market turnover. (2) during the shareholding advantage manipulation period, 224 trading days, accounting for 100% of the statistical days, and 219 trading days, accounting for 97.77% of the statistical days, were held by the account group for more than 5% of its A-share outstanding shares. The highest percentage of shares held by the account group was 17.11% on May 20, 2021. (3) during the continuous trading manipulation period, there were 212 trading days in the account group (accounting for 94.64%), 131 trading days (accounting for 58.48%), 171 trading days (accounting for 76.34%) and 94 trading days (accounting for 41.96%). There are 135 trading days in the top 10 (accounting for 60.27%). (4) continuously driving up the stock price from December 17, 2020 to January 28, 2021, the account group continued to push up the stock price, and the share price of "Electric Optical Technology" rose from 8.34 yuan to 13.53 yuan, an increase of 62.23%. During this period, the number of purchases applied for by the account group at not less than the market selling price or at the market price accounted for 58.34% of the total purchase volume of the account group during this period, and the trading volume of the account group accounted for 26.56% of the total market volume in the same period. From April 19, 2021 to May 14, 2021, the account group continued to push up the stock price, and the share price of "Electric Optical Technology" rose from 16.51 yuan to 19.21 yuan, an increase of 16.35%. During this period, the number of purchases applied for by the account group at not less than the market selling price or at the market price accounted for 39.07% of the total purchase volume of the account group during this period, and the trading volume of the account group accounted for 27.09% of the total market volume in the same period. (5) during the period of securities trading manipulation between the accounts under its actual control, the account group had 100 trading days (accounting for 44.64%) to trade "Electric Optical Technology" shares between the securities accounts under its actual control, with a total of 40901132 shares traded. Among the securities accounts under its actual control, 45 trading days accounted for more than 5% of market turnover, 23 trading days for more than 10%, and the highest proportion was 37.75% on March 10, 2021. Third, during the period when Wang Bin manipulated the results of "Electric Optical Technology", the account group held 25538460 shares of "Electric Optical Technology" at the beginning of the period, during which he bought 149945307 shares with a purchase amount of 1932026326.22 yuan. as of November 17, 2021, 146281,367 shares were sold, with a selling amount of 1964677306.64 yuan. During this period, the stock price of "Electric Optics and Technology" rose from 11.43 yuan to 19.21 yuan, with a minimum of 8.34 yuan and an amplitude of 130.34%. During the manipulation period, Wang Bin controlled the use of the account group to manipulate "Electric Optical Technology" with a total profit of 90275100.77 yuan. The above illegal facts, there are inquiry records, situation notes, Wechat chat records of relevant personnel, securities account information, bank account information, office related materials, law enforcement records, relevant software installation packages and use instructions, trading equipment forensics, exchange data and other evidence proof, sufficient to determine. I will think that Wang Bin's manipulation of "electro-optical technology" violates the provisions of paragraph 1, paragraph 1, paragraph 1 and item 3 of Article 55 of the Securities Law, and constitutes the manipulation of the securities market as mentioned in Article 192 of the Securities Law. Wang Bin and his agent put forward the following plea, asking for a reduction or no administrative penalty: first, Wang Bin did not manipulate "electro-optic technology." According to Wang Bin's confession, it is not Wang Bin himself who manipulates "Electric Optical Technology"; second, the securities account identified in the "notice in advance" is not only inconsistent with the identification result of Wang Bin on February 22, 2023, but also inconsistent with the securities account entrusted by the Shanghai Municipal Public Security Bureau for judicial appraisal and verification; third, the period from October 12, 2020 to December 14, 2020 belongs to the trading period during which Wang Bin manipulated "Electro-Optical Technology". The actual trading losses in this range should be taken into account when calculating the illegal gains; fourth, the huge losses during the trading period of 8 accounts such as Han some garden in the account group should be given due consideration. After review, I will think: first, the defense materials provided by the parties show that the public security organs have determined that Wang Bin manipulated "electro-optic technology." In addition, according to the evidence material that I will get, Wang Bin manipulates the stock of "Electric Optical Technology" and finds that it is correct. Second, the CSRC has the right to conduct independent investigations in accordance with the provisions of the Securities Law and the Administrative punishment Law, and to impose administrative penalties on the parties concerned in accordance with the law when the relevant evidence has reached the standard of proof of obvious advantages. Third, the determination during the period of stock manipulation should meet the requirements of consistency between subjective and objective. From October 12, 2020 to December 14, 2020, Wang Bin's status is actually the allotment party, and it is a fact that the above-mentioned period is not included in Wang Bin's operation of "electro-optic technology". Fourth, with regard to the calculation of illegal gains, the profit and loss of the accounts mentioned by the parties have been covered. To sum up, I will not accept the views of the above parties. According to the facts, nature, circumstances and social harm of the illegal acts of the parties, and in accordance with the provisions of Article 192 of the Securities Law, I will decide:Wang Bin's illegal income of 90,275,100.77 yuan was confiscated and a fine of 180,550,201.54 yuan was imposed. The above-mentioned parties shall, within 15 days from the date of receiving this penalty decision, remit the forfeiture and forfeiture to the bank with the China Securities Regulatory Commission: China CITIC Bank Beijing Branch Sales Department, account number:711101018980000162 will be handed over directly to the State Treasury by the bank, and a copy of the payment voucher marked with the name of the party concerned will be sent to the Office of the Administrative Punishment Committee of the China Securities Regulatory Commission for filing. If the party concerned is not satisfied with this penalty decision, it may apply for administrative review to the China Securities Regulatory Commission within 60 days from the date of receiving this penalty decision, or it may directly file an administrative lawsuit with the jurisdiction within 6 months from the date of receiving this penalty decision. During the review and litigation period, the above decisions will not be suspended. China Securities Regulatory Commission March 1, 2024

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