사기등
The prosecutor's appeal is dismissed.
Although the judgment of the court below that sentenced a single punishment should be sentenced separately from fraud with respect to a violation of the Electronic Financial Transactions Act, which constitutes an electronic financial transaction Act, pursuant to Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”), the judgment of the court below that sentenced a single punishment is unlawful.
Judgment
Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”) provides that the Financial Services Commission shall review whether one of the largest shareholders of a financial company subject to the relevant provision (hereinafter “persons subject to examination of qualifications”) is in compliance with the requirements prescribed by Presidential Decree (hereinafter “requirements for the maintenance of qualifications”), such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Evaders Act, and the Acts and subordinate statutes related to finance, at intervals prescribed by Presidential Decree.
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 6 of the same Act conflicts between the violation of the laws and regulations stipulated in Paragraph 1 and the other crimes.