A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

B. According to Article 32(6) and Article 32(1) of the Act on Corporate Governance of Financial Companies Violating the Acts and subordinate statutes (hereinafter “Act on Corporate Governance of Financial Companies”), the lower court, without separating it, rendered a single sentence as to the entire facts charged, on the grounds that the lower court erred by misapprehending the relevant Acts and subordinate statutes.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination

A. As to the prosecutor’s assertion of violation of law, Article 32(1) of the Act on the Management of Financial Companies provides that the Financial Services Commission shall, at intervals prescribed by Presidential Decree, examine whether one of the largest shareholders of a financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”) does not violate the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Acts and subordinate statutes prescribed by Presidential Decree relating to finance, etc. (hereinafter “requirements for the maintenance of qualifications”).

Paragraph 4 of the same Article, the Financial Services Commission, as a result of the examination under paragraph 1, finds 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.

The Act stipulates.

In addition, Article 5 (5) of the same Act provides that the Financial Services Commission shall consider 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 not less than one year for a violation of the law provided for in paragraph (1) and the sentence becomes final and conclusive."