A person that acts with the aim of paying or receiving the difference in quotations on a financial instruments exchange market (including financial indexes calculated based on prices or interest rates, etc. of financial instruments on a financial instruments exchange market) other than through a financial instruments exchange market, is subject to imprisonment for not more than one year, a fine of not more than one million yen, or both; provided, however, that this does not preclude the application of the provisions of Article 186 of the Penal Code.
The provisions of the preceding paragraph do not apply to the following transactions:
前項の規定は、次に掲げる取引については、適用しない。
over-the-counter derivatives transactions in which one of the parties is a financial instruments business operator (limited to one that engages in type-I financial instruments business prescribed in Article 28, paragraph (1); hereinafter the same applies in this paragraph) or a bank, cooperative financial institution, or financial institution specified by Cabinet Order as referred to in Article 33, paragraph (1);
金融商品取引業者（第二十八条第一項に規定する第一種金融商品取引業を行う者に限る。以下この項において同じ。）又は第三十三条第一項に規定する銀行、協同組織金融機関その他政令で定める金融機関が一方の当事者となる店頭デリバティブ取引
over-the-counter derivatives transactions for which a financial instruments business operator or a bank, cooperative financial institution, or financial institution specified by Cabinet Order as referred to in Article 33, paragraph (1) conducts intermediation, brokerage, or agency; and
金融商品取引業者又は第三十三条第一項に規定する銀行、協同組織金融機関その他政令で定める金融機関が媒介、取次ぎ若しくは代理を行う店頭デリバティブ取引
transactions in which one of the parties is a commodity futures transactions dealer or a person that made a notification prescribed in Article 349, paragraph (1) of the Commodity Derivatives Transaction Act.
商品先物取引業者又は商品先物取引法第三百四十九条第一項の届出をした者が一方の当事者となる取引
Read this with the articles around it
(Habitual Gambling; Running a Gambling Place for the Purpose of Gain)
A person who habitually gambles is punished by imprisonment for 3 years or less.
常習として賭博をした者は、三年以下の拘禁刑に処する。
Open this provisionA person that acts with the aim of paying or receiving the difference in quotations on a financial instruments exchange market…
取引所金融商品市場によらないで、取引所金融商品市場における相場（取引所金融商品市場における金融商品の価格又は利率等に基づき算出される金融指標を含む。）により差金の授受を目的とする行為をした者は、一年以下の拘禁刑若しくは百万円以下の罰金に処し、又はこれを併科する。ただし、刑法第百八十六条の規定の適用を妨げない。
Open this provisionThe provisions of the preceding paragraph do not apply to the following transactions:
前項の規定は、次に掲げる取引については、適用しない。
Open this provisionThe term "type-I financial instruments business" as used in this Chapter means the performance of any of the following acts on a regular basis, as part of financial instruments business:
この章において「第一種金融商品取引業」とは、金融商品取引業のうち、次に掲げる行為のいずれかを業として行うことをいう。
Open this provision(Prohibition on Engagement in Securities Services by Financial Institutions)
It is prohibited for a bank or cooperative financial institution, or for any other financial institution specified by Cabinet Order…
銀行、協同組織金融機関その他政令で定める金融機関（以下この条及び次条において「金融機関」という。）は、有価証券関連業又は投資運用業を行つてはならない。ただし、有価証券関連業については、金融機関が他の法律の定めるところにより投資の目的をもつて…
Open this provisioncooperative financial institution
「協同組織金融機関」
A cooperative financial institution as defined in Article 2, paragraph (1) of the Act on Preferred Equity Investment by Cooperative Structured Financial Institution: the Norinchukin Bank (農林中央金庫), credit cooperatives (信用協同組合), shinkin banks (信用金庫) and labour banks (労働金庫), and agricultural, fishery and fishery processing cooperatives that carry on credit business, together with their federations.
Short name set inArticle 2, paragraph (8)
financial instruments business operator
「金融商品取引業者」
A person registered by the Prime Minister under Article 29 to carry on financial instruments business (金融商品取引業).
Defined inArticle 2, paragraph (9)· applies throughout the law
financial instruments exchange market
「取引所金融商品市場」
A financial instruments market (金融商品市場) opened by a financial instruments exchange (金融商品取引所).
Defined inArticle 2, paragraph (17)· applies throughout the law
interest rate, etc.machine translation
「利率等」
An interest rate, or another rate that a Cabinet Office Order (内閣府令) specifies as equivalent to one.
Defined inArticle 2, paragraph (21), item (iv)
over-the-counter derivatives transactions
「店頭デリバティブ取引」
A transaction listed in Article 2, paragraph (22) — such as forward, index, option and swap transactions on financial instruments or financial indicators — carried out outside financial instruments markets and foreign financial instruments markets, other than those a Cabinet Order (政令) excludes as posing no risk to the public interest or the protection of investors.
Defined inArticle 2, paragraph (22)· applies throughout the law
financial instruments
「金融商品」
In this Act, securities (有価証券); deposit claims and other rights, or certificates representing them, that a Cabinet Order (政令) specifies; currencies; cryptoassets, etc. (暗号等資産) as item (iii)-2 of Article 2, paragraph (24) defines them; commodities a Cabinet Order specifies; other assets a Cabinet Order specifies of which many of the same kind exist and whose prices fluctuate widely; and standardized instruments (標準物) that a financial instruments exchange sets to facilitate market derivatives transactions.
Defined inArticle 2, paragraph (24)· applies throughout the law
financial index
「金融指標」
Prices of financial instruments (金融商品), and interest rates, etc. on financial instruments other than currencies and commodities; figures from weather observations published by the Japan Meteorological Agency (気象庁) or others; indicators that cannot practically be influenced and that greatly affect businesses, or socio-economic statistics, that a Cabinet Order (政令) specifies, with exclusions; and figures calculated from any of these.
Defined inArticle 2, paragraph (25)· applies throughout the law
type-I financial instruments business
「第一種金融商品取引業」
The part of financial instruments business (金融商品取引業) that consists of carrying on, as a business, any of the acts listed in Article 28, paragraph (1), such as dealing in securities (other than most rights treated as securities) and brokerage for them, over-the-counter derivatives transactions, the underwriting of securities, and trading securities through an electronic system as Article 2, paragraph (8), item (x) describes.
Defined inArticle 28, paragraph (1)· applies only in this chapter
commodity futures transactions dealermachine translation
「商品先物取引業者」
In Article 142, paragraph (9) and Article 202, paragraph (2), item (iii), a commodity futures transactions dealer as defined in Article 2, paragraph (23) of the Commodity Derivatives Transaction Act: a person holding the competent minister's permission under Article 190, paragraph (1) of that Act to carry on commodity futures business (商品先物取引業).
Defined inArticle 142, paragraph (9)· applies only in this provision and in Article 202, paragraph (2), item (iii)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.