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(영문) 대법원 2018.03.29 2018도968
전자금융거래법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by the defendant, only a case on which death penalty, imprisonment for life, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below affected the judgment because of grave mistake of facts,

Therefore, in this case where a more minor punishment was imposed on the defendant, the defendant's act does not constitute the transfer of access media, or the defendant was found to have committed an error on the premise that the defendant took part in the criminal conduct of Bosing, in violation of the principle of no punishment and criminal punishment, or the defendant was in violation of logical and empirical rules to impose the same punishment as the first instance court although there was a change in circumstances regarding the violation of the Military Service Act, is in violation of the principle of no punishment and empirical rule. As such, the defendant's allegation that the court below's judgment on the selection of evidence and probative value or on the basis thereof, or that the amount of

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 that the Financial Services Commission shall report to the Financial Services Commission when it finds that a financial company fails to meet the requirements for maintaining eligibility, and data for examining eligibility of the Financial Services Commission.

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