All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. Pursuant to Article 32(6) of the Act on Corporate Governance of Financial Companies misunderstanding the legal principles (hereinafter “Financial Control Structure Act”), the lower judgment that sentenced a single sentence to a violation of the Act on Real Name Financial Transactions and Confidentiality, which constitutes a finance-related statute, should be sentenced separately from other crimes, is unlawful.

2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unhued and unreasonable.

B. Defendant 1) The misunderstanding of facts and legal principles recognize the fact that the Defendant borrowed KRW 165 million from the damaged person. However, the victim borrowed money to assist the Defendant in the financial condition of the Defendant at the time when the Defendant sufficiently perceived the financial status of the Defendant at that time. Therefore, the intent of defraudation and defraudation is not recognized.

2) The lower court’s improper sentencing 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, paragraph 5 of the same article is subject to examination under paragraph 1 as a result of the examination under paragraph 1.