사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for two years.
one physical card seized, ...
1. Summary of grounds for appeal;
A. The judgment of the court below that rendered a single sentence is unlawful, even though it is necessary to separately decide on the violation of the Electronic Financial Transaction Act, which falls under the finance-related Acts and subordinate statutes, pursuant to Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”).
B. The Defendants (unfair sentencing)’ punishment by the lower court (three years of imprisonment for each of the Defendants) is too unreasonable.
2. Determination
A. Article 32(1) of the Act on the Management of Financial 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, 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 recognized, at least 10/100 of the total number of voting shares issued by the financial company that holds the relevant eligibility examination.