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(영문) 서울고등법원 2013.10.18 2013누6260
과징금부과처분등취소
Text

1. The part of the judgment of the first instance against the Defendant is revoked.

The plaintiff is against the Financial Services Commission.

Reasons

1. On June 9, 2008, the Plaintiff entered into an agreement on the sale of golf membership with B (hereinafter “B”) by paying 22 billion won (2.2 billion won per unit) prior to the membership agreement to preferentially acquire the right of sale of golf membership (hereinafter “instant agreement”) with B (hereinafter “B”), and on December 29, 2009, the Plaintiff entered into a membership agreement with B pursuant to the said agreement.

On August 26, 2011, the Financial Services Commission imposed upon the Plaintiff a penalty surcharge of KRW 740,00,000 for the ground for disposition (i) (ii) KRW 717,00,000 for the ground for disposition (ii) KRW 23,00,000 for the ground for disposition (hereinafter “instant penalty surcharge”). On September 2, 2011, the Defendant Financial Supervisory Service issued a warning disposition for the ground for disposition (hereinafter “instant warning disposition”) to the Plaintiff as follows: (i)(iii), (iv), (v), and (vi) for the ground for disposition (hereinafter “instant warning disposition”).

On June 9, 2008, the Plaintiff agreed to purchase the right of preferential purchase of ten unit corporate membership rights (2.2 billion won per unit) of the instant golf course, the business approval of which was not completed from B, a major shareholder of which was not completed, and provided B with credit equivalent to the above 2.2 billion won interest accrued during the period from June 29, 2008 (the date of advance payment) to December 29, 2009 (the date of an admission contract) by advance payment of deposit KRW 22 billion.

(hereinafter “Cause A disposition.” The head of the Plaintiff’s former E branch provided 34 million won out of 38 million won of the solicitation allowance incurred by distributed, transiting, and treatment as if three persons, such as H, etc., such as policyholder F, who was recruited during the period from October 31, 2003 to December 22, 2003, as if three persons, such as insurance solicitors of the E branch, were recruited, and then offered 34 million won out of the solicitation allowance of 38 million won as special benefits to the policyholder.

(hereinafter “Grounds for Disposition B”. On April 1, 2009, the Plaintiff leased part of the 24th floor of the headquarters A to Q company for the purpose of the J’s office, a major shareholder, and offered 29.53 square meters free of charge to Q company for rent from April 2009 to December 201.

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