특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below is reversed, and the case is remanded to the Seoul High Court.
1. On the grounds of appeal as to the violation of the rules of evidence, the lower court convicted all of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), on the grounds stated in its reasoning.
In light of the relevant legal principles and records, the lower court did not err by misapprehending the facts in violation of the rules of evidence or by misapprehending the legal principles on the direct psychological principle and the trial-oriented principle.
2. Judgment on the remaining grounds of appeal shall be considered ex officio.
A. When a judgment is rendered at the same time for several crimes for which judgment has not become final and conclusive, a punishment shall be imposed in accordance with the penal provisions stipulated under Article 38 of the Criminal Act. Thus, in order to exclude the application of Article 38 of the Criminal Act to several crimes indicted as concurrent crimes, and to sentence a sentence different from the above penal provisions, there is a express provision recognizing the exception (see Supreme Court Decision 2004Do606, Apr. 9, 2004). (b) Article 32 of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) provides for the title “examination of the largest shareholder’s qualification, etc.” under paragraph (1) of the same Article, the Financial Services Commission shall examine whether one of the largest investors (subject to examination of eligibility) among the largest shareholders of financial companies meet the requirements prescribed by Presidential Decree, such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses and the Punishment of Finance Act, etc. Act, at a certain time.
In addition, it is difficult to maintain the obligation of financial companies to report to the Financial Services Commission when it finds that the requirements for maintaining eligibility are not satisfied, to request data or information for examining eligibility of the Financial Services Commission, to take measures if the requirements for maintaining eligibility are not satisfied as a result of the examination, and to fulfill the obligation of taking measures and to maintain the soundness.