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(영문) 서울중앙지방법원 2018.01.25 2017노4325

사기등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: imprisonment with prison labor for 1 year and 6 months, and Defendant B: imprisonment with prison labor for 2 years and 6 months) is too unreasonable.

B. In violation of the Act on Corporate Governance of Financial Companies Violating the Acts and subordinate statutes (hereinafter “Act”), the prosecutor (Defendant B) did not separately render a judgment on the violation of the Act on the Regulation of Similar Receiving Acts and Subordinate Statutes.

(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. Unlike Article 31 of the Act that provides for the requirements for approval of change to a person who intends to be a major shareholder (the major shareholder of a financial company is divided into the largest shareholder and the major shareholder) by acquiring shares issued by a financial company to determine the violation of law by a public prosecutor, Article 32 of the Act provides for the requirements for maintaining eligibility for one largest shareholder among the largest 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 provides for separate review and declaration under Article 31 of the Act, and Article 32 of the Act does not provide for separate review and declaration under Article 32 of the Act, and Article 32 of the Act does not provide for separate review and determination under Article 32 of the Act, and Article 32 of the Act provides for separate review and determination under Article 32 of the Act, and Article 32 of the Act provides for separate review and determination under Article 2 subparagraph 7 of the Act, and Article 32 of the Act provides for a separate examination and determination under Article 6 (1) of the Act.