Following
a referral from the Stock Exchange of Thailand (SET) and the SEC’s further
investigation, the findings and evidence indicated that on 2 August 2022, the
first trading day of YONG shares on the SET, during the morning pre-open session, the 14 offenders, namely (1) Mr. Nopphadon Srisuwan,
(2) Mr. Natthapong Panchasiriwarakul,
(3) Mr. Thanakit
Lersphati, (4) Mr. Pornthep Vichaikul, (5) Mrs.
Pranee Vichaikul, (6)
Miss Phatthira Homvilai, (7) Mr. Ulit Thongsupaporn, (8) Mr. Panupon Worrapanee, (9) Miss
Sarocha Nakbamrung,
(10) Mr. Kittichot Pimpaporn, (11) Mr. Affan Hayeeyusoh,
(12) Mr. Fais Lekdee, (13) Mr. Abdulwahab Roseh, and (14) Mr. Addeen
Tulyapong, who were interconnected through both personal and financial
relationships, knowingly acted together or jointly, with divided roles, to
manipulate the price or trading volume of YONG shares by alternately placing
buy and sell orders for YONG shares through their own securities trading
accounts and those of other offenders, thereby causing the general public to be
misled about the price or trading volume of YONG shares. They also placed
successive buy or sell orders for such shares during the same period with the
intent to cause the opening price of YONG shares to rise to a level
inconsistent with normal market conditions.
The
actions of the aforementioned persons constituted the offense of jointly
manipulating the price or trading volume of securities under Section 244/3 (1)
and (2), in conjunction with Section 244/5 (4) and/or Section 244/6 (3) and/or
(6) of the Securities and Exchange Act B.E. 2535 (1992) (SEA), in conjunction
with Section 83 of the Criminal Code, as applicable. The offense is subject to penalties
under Section 296, Section 296/1, and Section 296/2 of the SEA.
The
Civil Sanctions Committee (CSC) has therefore resolved to apply civil
sanctions* to the 14 offenders by prescribing the following civil sanctions,
comprising a civil penalty, a compensation equal to the benefit received or
should have been received, a reimbursement of investigative expenses incurred
by the SEC, a suspension from trading securities or derivatives, and a bar from
serving as a director or executive in a securities issuing company or a
securities company, as follows:
(1) Mr. Nopphadon shall pay a civil penalty and a
reimbursement of investigative expenses incurred by the SEC, totaling 538,292.22 baht.
(2) Mr. Natthapong shall pay a civil penalty, a
compensation equal to the benefit received or should have been received, and a
reimbursement of investigative expenses incurred by the SEC, totaling 3,547,792.22 baht.
(3) Mr. Thanakit shall
pay a civil penalty, a compensation equal to the benefit received or should
have been received, and a reimbursement of investigative expenses incurred by
the SEC, totaling 8,049,982.22 baht.
(4) Mr. Pornthep shall pay a civil penalty and a
reimbursement of investigative expenses incurred by the SEC, totaling 538,292.22 baht.
(5) Mrs. Pranee shall
pay a civil penalty and a reimbursement of investigative expenses incurred by
the SEC, totaling 538,292.22 baht.
(6) Miss Phatthira shall pay a civil penalty and a
reimbursement of investigative expenses incurred by the SEC, totaling 538,292.22 baht.
(7) Mr. Ulit shall
pay a civil penalty, a compensation equal to the benefit received or should
have been received, and a reimbursement of investigative expenses incurred by
the SEC, totaling 10,038,292.22 baht.
(8) Mr. Panupon shall
pay a civil penalty and a reimbursement of investigative expenses incurred by
the SEC, totaling 538,292.22 baht.
(9) Miss Sarocha shall pay a civil penalty, a
compensation equal to the benefit received or should have been received, and a
reimbursement of investigative expenses incurred by the SEC, totaling 12,538,292.22 baht.
(10) Mr. Kittichot shall pay a civil penalty, a
compensation equal to the benefit received or should have been received, and a
reimbursement of investigative expenses incurred by the SEC, totaling 25,038,292.22 baht.
(11) Mr. Affan shall pay a civil penalty, a
compensation equal to the benefit received or should have been received, and a
reimbursement of investigative expenses incurred by the SEC, totaling 10,038,292.22 baht.
(12) Mr. Fais shall pay a civil penalty, a
compensation equal to the benefit received or should have been received, and a
reimbursement of investigative expenses incurred by the SEC, totaling 1,940,007.22 baht.
(13) Mr. Abdulwahab shall
pay a civil penalty, a compensation equal to the benefit received or should
have been received, and a reimbursement of investigative expenses incurred by
the SEC, totaling 2,038,292.22 baht.
(14) Mr. Addeen shall
pay a civil penalty, a compensation equal to the benefit received or should
have been received, and a reimbursement of investigative expenses incurred by
the SEC, totaling 1,948,407.22 baht.
In addition, each of the 14
offenders shall be suspended from trading securities or derivatives for 8.5
months and barred from serving as a director or executive in a securities
issuing company or a securities company for 17 months.
The
civil sanctions prescribed by the CSC, namely the specified periods of
suspension from trading securities or derivatives and bar from serving as a
director or executive as mentioned above, will take effect as specified in the
letter of consent to comply with the civil sanctions prescribed by the CSC. If
the offender refuses to extinguish the case, the SEC will request the public
prosecutor to file a lawsuit in the Civil Court seeking the imposition of civil
sanctions at the maximum rates provided by law, provided that such rates shall
not be lower than those prescribed by the CSC.
Civil
penalties and compensation for benefits received or that should have been
received from committing the offense shall be remitted to the Ministry of
Finance as public revenue.
Note:
* Section 317/1 of the Securities and Exchange Act B.E. 2535 (1992), as amended
by the Securities and Exchange Act (No. 5) B.E. 2559 (2016), allows for civil
sanctions to be imposed for criminal offenses under this Act. Details of civil sanctions and associated procedures are available at
https://www.sec.or.th/TH/Pages/LawandRegulations/CivilPenalty.aspx