According to Article 32(6) and (1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) and Article 5(29 of the Enforcement Decree of the Enforcement Decree, a violation of the Act on Specialized Credit Financial Business should be tried and sentenced separately from other crimes. However, it is reasonable to view that the provisions of Article 32(6) of the Act on Specialized Credit Financial Business are applicable only to cases where the defendant falls under the subject of examination of qualifications under paragraph (1) of the same Article.

Therefore, even according to the record, there is no evidence to view that the defendant constitutes subject to examination of eligibility under Article 32(1) of the Act on the Management of Financial Companies. Thus, it is justifiable that the court below did not separately examine and decide on the defendant's violation of the Act on the Management of Financial Companies and other crimes among the facts charged in this case.

Contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles as to Article 32 (6) of the Act on the Management of Financial Companies.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.