A. According to Article 32(6) of the Act on Corporate Governance of Financial Companies misunderstanding the Prosecutor’s (1) and Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure Act”), the lower judgment that rendered a single sentence is unlawful, even though it should be tried and sentenced separately from fraud with respect to a violation of the Electronic Financial Transactions Act, which constitutes an electronic financial transaction law.

(2) The lower court’s unfair sentencing (one year and four months of Defendant A’s imprisonment, and two years of imprisonment) is deemed to be too unfortunate and unfair.

B. Defendant B (unfair sentencing)’s punishment is too unreasonable.

2. Determination

A. Article 32(1) of the Act on the Management of Financial Investment Services and Capital Markets provides that the Financial Services Commission shall, at an interval prescribed by Presidential Decree, examine whether a person, among the largest shareholders of a financial company subject to the pertinent provision, does not violate the provisions of the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Acts and subordinate statutes related to finance, and shall meet the requirements prescribed by Presidential Decree (hereinafter “requirements for the maintenance of eligibility”).

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, Paragraph 5 of the same Article, the Financial Services Commission cannot maintain 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 not less than one year for a violation of the law provided for in Paragraph 1, and the punishment becomes final and conclusive" as a result of

If such is deemed, the eligibility shall be subject to the examination.