사기등
All appeals by the defendant and the prosecutor are dismissed.
All applications filed by applicants for compensation shall be dismissed.
Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”) asserting that the public prosecutor’s reasoning for appeal is erroneous in the judgment below that rendered a single sentence is unlawful, even though it is necessary to render a separate judgment on fraud and violation of the Act on the Regulation of Similar Receiving Acts and Subordinate Statutes.
The punishment of the court below (two years and six months of imprisonment) is too unreasonable.
Article 32(1) of the Act provides for the examination of the requirements for maintaining eligibility for one of the largest shareholders of a financial company, such as violation of the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Evaders Act, and other Acts and subordinate statutes prescribed by Presidential Decree in relation to the finance of the largest shareholder. Article 32(6) of the Act provides for separate examination of the concurrent crimes against the violation of Acts and subordinate statutes provided for in paragraph (1) and other offences, notwithstanding Article 38 of the Criminal Act.
In addition, Article 32(1) of the Enforcement Decree of the Act on the Regulation of Similar Receipt of Stocks provides for the requirements for approval of change to a person who intends to become a major shareholder (the major shareholder of a financial company is divided into the largest shareholder and the major shareholder according to Article 2(6) of the Act) pursuant to Article 27(3) and Article 2(7) of the Enforcement Decree of the Act, and Article 5 of the Enforcement Decree of the Act. However, unlike Article 31 of the Act, Article 32 of the Act provides for the requirements for maintaining eligibility for one largest shareholder among the major shareholders of a financial company that has already acquired the status as a major shareholder through the above approval of change. Article 31 of the Act does not provide for separate review and sentence of Article 32 of the Act, and separate review and sentence of Article 32 of the Act shall be separately provided in consideration of the contents and form of the above legal provisions.