사기등
All appeals by the defendant and the prosecutor are dismissed.
In accordance with Article 32(6) of the Act on Corporate Governance of Financial Companies Violating Acts and Subordinate Statutes (hereinafter “Act”), and Article 5 of the Enforcement Decree of the Act on Corporate Governance of Financial Companies (hereinafter “Enforcement Decree”), a single sentence shall be imposed on the violation of the Electronic Financial Transactions Act, which constitutes a finance-related Act and subordinate statutes, separately from other crimes. However, the lower court’s judgment that rendered a single sentence is erroneous.
The sentence of the court below that is unfair in sentencing (eight months of imprisonment) is too unhued and unfair.
Defendant
In fact, the Defendant did not receive KRW 40,30,000 from the victim G on December 15, 2009 (Article 5 of the List of Offenses as indicated in the lower judgment) and only received KRW 26 million through H on December 23, 2009.
The sentence of the court below which is unfair in sentencing is too unreasonable.
Judgment
Unlike Article 31 of the Act, Article 32 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 major shareholder and the major shareholder) by acquiring or taking over shares issued by a financial company to determine the violation of laws and regulations of the public prosecutor, Article 32 of the Act provides for the requirements for the maintenance of qualifications for one largest shareholder among the major shareholders of the financial company which acquired the status of a major shareholder after obtaining approval of change.
Article 32 of the Act provides for the separate review and sentence under Article 31 of the Act, and Article 31 does not provide for separate review and sentence under Article 31, but provides for separate review and sentence under Article 32 only under Article 32 without any provision for separate review and sentence. Article 32 Section 6 of the Act provides for "crime following a violation of the finance-related Acts and subordinate statutes provided for in Article 2 subparagraph 7" not for "crime following a violation of the finance-related Acts and subordinate statutes provided for in paragraph 1," and Article 32 (1) of the Act provides for "crime following a violation of the finance-related Acts and subordinate statutes" as its subject. In order to review the requirements for maintaining eligibility under Article 32 (1) of the Act, separate sentencing is necessary for