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(영문) 대법원 2018.04.12 2018도1590

공전자기록등불실기재등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the relevant legal principles and duly admitted evidence, the lower court, on the grounds stated in its reasoning, did not err by misapprehending the bounds of free evaluation of evidence beyond the bounds of logical and empirical rules, or by misapprehending the legal principles on the inclusive crime and abuse of public prosecution rights, contrary to what is alleged in the grounds of appeal.

2. Regarding the prosecutor's grounds for appeal

A. Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure”) provides that the Financial Services Commission shall review whether the largest investor among the largest shareholders of a financial company subject to the relevant provision (hereinafter “persons subject to examination of qualifications”) complies with the requirements prescribed by Presidential Decree, including the violation of the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Evaders Act, and the Acts and subordinate statutes related to finance, at a period prescribed by Presidential Decree (hereinafter “requirements for maintaining qualifications”).

As a result of the examination under paragraph 1, the Financial Services Commission finds that the subject of examination of qualifications does not meet the requirements for maintaining qualifications.

, if it is deemed that the person subject to eligibility screening may be ordered to take certain measures to ensure the soundness of the financial company’s management.

The Act stipulates.

In addition, Article 5 of the same Act provides that the Financial Services Commission shall not maintain sound financial order and the soundness of the financial company in consideration of the degree of the violation of the law in certain cases, such as "where a person subject to examination of eligibility was sentenced to imprisonment without prison labor or a heavier punishment for a violation of the law provided for in paragraph 1, and such punishment becomes final and conclusive."

(2) if any, the person shall be subject to the eligibility review.