사문서위조등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (unfair sentencing) is too unreasonable because it is too unreasonable for the Defendant (one year and six months of imprisonment).
B. According to Article 32(6) of the Act on Corporate Governance of Financial Companies (Act on Corporate Governance of Financial Companies) (hereinafter “Act on Corporate Governance of Financial Companies”), the lower judgment that rendered a single sentence is unlawful, despite that each of the instant offenses should be tried separately from the offense of violation of the Act on Corporate Governance of Financial Companies, which is a finance-related statute.
2. Judgment on the prosecutor's assertion of violation of law
A. Article 32(1) of the Act on the Management of Financial Companies provides that the Financial Services Commission shall, at intervals prescribed by Presidential Decree, examine whether one of the largest shareholders of a financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”) is in violation of the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Acts and subordinate statutes related to finance, and other requirements prescribed by Presidential Decree (hereinafter “requirements for the maintenance of qualifications”).
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 shall not be allowed to exercise voting rights.