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(영문) 대법원 2018.04.24 2018도2292

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 Offenses Act, and the Act on Punishment of Tax Evaders, and other Acts and subordinate statutes related to finance, within a period prescribed by Presidential Decree (hereinafter “requirements for maintaining 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, the Financial Services Commission cannot maintain the sound financial order and the soundness of the financial company in consideration of the degree of the violation of laws and regulations in certain cases, such as "where a person subject to examination of qualifications was sentenced to imprisonment without prison labor for not less than one year for a violation of the laws and regulations provided for in paragraph (1)" as a result of the examination under paragraph (5) of the same Article.

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.

The Act stipulates.

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 the law 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, the examination provisions of qualifications under paragraph (1) of the same Article shall be the same.