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(영문) 대법원 2018.03.29 2017도20605

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of appeal by the defendant, the defendant appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal, and the court below dismissed the defendant's appeal.

In such a case, the argument that the lower court erred in violation of the law, the empirical and logical rules, and the misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

2. As to the reasons for the prosecutor’s appeal, Article 32 of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure”) provides that, under the title of “examination of qualifications as the largest shareholder, etc.,” the Financial Services Commission shall, at a certain time, examine whether a financial company’s largest shareholder (subject to examination of qualifications) meets the requirements prescribed by Presidential Decree (requirements for maintenance of qualifications), such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Punishment of Tax Offenses Act, and the Act on Finance.

In addition, Article 2(2) of the same Act provides for the obligation of a financial company to report to the Financial Services Commission when it finds that a financial company fails to meet the requirements for maintaining eligibility, the demand to provide data or information for examining eligibility, the order to restrict the exercise of voting rights when it is difficult to maintain the order to take measures when it fails to meet the requirements for maintaining eligibility as a result of the examination, and the order to restrict the exercise of voting rights when it is difficult to maintain the order to take measures and soundness.