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(영문) 대법원 2018.03.15 2017도21513

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure Act”) 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”).

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.

On the other hand, Article 38 of the Criminal Code provides that Article 38 of the Criminal Code shall be tried and sentenced separately for concurrent crimes against the violation of laws and regulations and other offences.

In full view of the provisions of Article 32(1), (4), and (5) of the Act on the Management of Financial Companies, Article 32(1) and (1) of the same Act.