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(영문) 서울중앙지방법원 2018.02.06 2017노4501
여신전문금융업법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor (misunderstanding of legal principles): The lower court, in accordance with Article 32(6) and (1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”), committed a violation of the Act on Corporate Governance of Financial Companies and the remaining crimes, even though it is necessary to separately decide on the violation of the said Act and the violation of the said Act.

B. Defendant (unfair sentencing): The lower court’s punishment is too heavy.

2. Determination

A. Unlike Article 31 of the Act that provides for the requirements for approval of change to a person who intends to become a major shareholder (the major shareholder of a financial company is divided into the largest shareholder and the major shareholder) by acquiring shares issued by the financial company to determine the misapprehension of the legal doctrine of the prosecutor, Article 32 of the Act provides for the requirements for maintaining eligibility for one largest shareholder among the largest shareholders of the financial company that has already acquired the status as a major shareholder through the above approval of change, and Article 32 of the Act does not provide for separate review and determination under Article 31 of the Act, and Article 32 of the Act does not provide for separate review and determination under Article 32 of the Act, and Article 32 of the Act does not provide for separate review and determination under Article 32 of the Act, and Article 32 (6) of the Act provides for separate review and determination under Article 32 of the Act as well as for the purpose of Article 2 subparagraph 7 of the Act and its prompt review and determination under Article 32 (1) of the Act.

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