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(영문) 대법원 2018.04.12 2018도1142
자본시장과금융투자업에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Regarding the prosecutor's grounds for appeal

A. Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure Act”) provides that the Financial Services Commission shall review whether the largest investor among the largest shareholders of a financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”) complies with the requirements prescribed by Presidential Decree (hereinafter “requirements for the maintenance of qualifications”) such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Evaders Act, and the Act on Punishment of Tax Evaders, and the Acts and subordinate statutes related to finance at a period prescribed by Presidential Decree.

In paragraph 4 of the same Article, the Financial Services Commission finds, as a result of the examination under paragraph 1, that the subject of examination does not meet the requirements for maintaining eligibility.

, if it is deemed that the person subject to eligibility screening may be ordered to take certain measures to ensure the soundness of the financial company’s management.

set forth.

In addition, Article 5 of the same Act provides that the Financial Services Commission shall not maintain the sound financial order and the soundness of the financial company in consideration of the degree of the violation of the law in certain cases, such as "where a person subject to examination of eligibility was sentenced to imprisonment without prison labor for not less than one year for a violation of the law provided for in paragraph 1 and the sentence becomes final and conclusive."

If it is deemed that at least 10/100 of the total number of outstanding voting shares of the financial company held by the person subject to the examination of qualifications may be ordered not to exercise voting rights.

set forth.

Article 38 of the Criminal Code provides that Article 38 of the Criminal Code shall be tried and sentenced separately for concurrent crimes against the violation of the laws and regulations stipulated in Paragraph 6 of the same Article and other offences.

Article 32 of the Act on the Management of Financial Companies.

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