절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
One (No. 2) card seized shall be attached.
1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)
A. In accordance with Article 32(6) and Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”), the lower court, despite that it is necessary to separately decide on the Defendant’s violation of the Act on the Financial Business Specializing in Credit and the remaining crimes.
B. The sentence of the lower court’s improper sentencing (one hundred months of imprisonment) is too unhued and unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.
As stolen property, the reason for return to the victim is clear shall be sentenced to a return to the victim by judgment (Article 333(1) of the Criminal Procedure Act). Accordingly, according to the evidence duly adopted and examined by the court below, the evidence Nos. 2, 3, 4, and 5 of the seized evidence No. 1 as stated in the judgment of the court below is clear as the reason for return to the victims, and there is no evidence to prove that the above seized articles were returned to the victims on the record. Thus, the court below omitted the above seized articles even though it had been sentenced to return to the victims by judgment.
In this respect, the judgment of the court below can no longer be maintained.
However, the prosecutor's assertion of misunderstanding the legal principles is still subject to the court's ruling even if there are such reasons for reversal.
3. Article 31 of the Act provides for the requirements for approval of 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 the financial company. On the other hand, Article 32 of the Act provides for the requirements for the maintenance of eligibility for the largest investor among the major shareholders of the financial company that has already acquired the status of a major shareholder through the aforementioned approval of change, and Article 31 of the Act does not provide separate review and sentence provisions, but only Article 32 of the Act provides for the maintenance of eligibility for the largest investor.