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(영문) 대법원 2018.04.12 2018도2066
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 32(6) and (1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) and Article 5(29 of the Enforcement Decree of the Enforcement Decree, a violation of the Act on Specialized Credit Financial Business must be tried separately from other crimes and sentenced separately. However, it is reasonable to view that the provisions of separate review and sentence under Article 32(6) of the same Act apply only where the defendant falls under the subject of examination of qualifications under Article 32(1) of the same Act.

Therefore, even according to the record, there is no evidence to view that the defendant constitutes subject to examination of eligibility under Article 32(1) of the Act on the Management of Financial Companies. Thus, it is justifiable that the court below did not separately examine and decide on the defendant's violation of the Act on the Management of Financial Companies and other crimes among the facts charged in this case.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on Article 32(6) of the Act on the Management of Financial Companies.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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