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(영문) 부산지방법원 2018.04.06 2018노203

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (as indicated in the holding, Nos. 1, 2, 4, 5, 6, 7-A, 2, 8, and 9: Imprisonment with prison labor for 10 months and 7-C of the holding: imprisonment for 2 months) is too heavy.

2. (1) Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) provides that the Financial Services Commission shall review whether one of the largest shareholders of a financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”) is in compliance with the requirements prescribed by Presidential Decree, such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Acts and subordinate statutes related to finance, at a period prescribed by Presidential Decree (hereinafter “requirements for the maintenance of qualifications”).

In paragraph 4 of the same Article, the Financial Services Commission finds, as a result of the examination under paragraph 1, that the person subject to examination of qualifications fails to meet the requirements for maintaining eligibility.

, if it is deemed that it may order the person subject to examination of eligibility to take certain measures to ensure the soundness of the management of the financial company.

set forth.

In addition, Paragraph 5 of the same Article, the Financial Services Commission cannot maintain a 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 for at least one year for a violation of the law provided for in Paragraph 1 and the sentence becomes final and conclusive" as a result of the examination

If it is deemed that at least 10/100 of the total number of outstanding voting stocks of the financial company held by the relevant person subject to examination of qualifications may be ordered not to exercise voting rights.

set forth.

Notwithstanding Article 38 of the Criminal Act, Article 38 of the same Act, paragraph 6 of the same Article shall be tried and sentenced separately for concurrent crimes against the violation of the Acts and subordinate statutes referred to in paragraph 1 and other offences.