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(영문) 서울중앙지방법원 2018.02.09 2017노4879

사기방조등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. According to Article 32(6) of the Act on Corporate Governance of Financial Companies misunderstanding the legal principles (hereinafter “Act”), the lower court, which rendered a single sentence, should be sentenced separately from the crime of aiding and abetting fraud with respect to a violation of the Electronic Financial Transactions Act, which constitutes a finance-related statute, should be sentenced separately from the crime of aiding and abetting fraud. However, the lower court’s judgment, which

2) The above sentence imposed by the lower court against the criminal defendant is too unhued and unreasonable.

2. Determination

A. Unlike Article 31 of the Act, Article 32 of the Act, which provides for the requirements for approving a change to a person who intends to become 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 misapprehension of the legal doctrine of the prosecutor’s assertion, provides for the requirements for maintaining eligibility for one of the largest shareholders of the financial company which already acquired the status of a major shareholder through the aforementioned approval for change, etc.

Article 32(1) of the Act provides for separate hearings and rulings in Article 31, and Article 31 does not provide for separate hearings and rulings in Article 31, but provides for separate hearings and rulings in Article 32 only in Article 32 without any provision for separate hearings and rulings in Article 31; Article 32(6) provides for "crimes resulting from violation of Acts and subordinate statutes stipulated in Article 2(7)" not "crimes resulting from violation of Acts and subordinate statutes stipulated in Article 2(1)" in its form; Article 32(1) of the Act provides for "crimes resulting from violation of Acts and subordinate statutes stipulated in Article 32(1) of the Act; and Article 32(1) of the Act provides for separate penalties on the violation of finance-related Acts and subordinate statutes; and Article 32(6) of the Act provides for the examination at the same time (two years at present).