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(영문) 대법원 2018.03.29 2018도215
여신전문금융업법위반등
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 the instant case where a more minor punishment was imposed on the Defendant, the argument that the lower court’s determination of the evidence selection and probative value or the facts concerning the facts charged and the grounds for mental and physical weakness based on such determination are unreasonable or that the amount of punishment is unfair is not a legitimate ground for appeal as stipulated in the above provision.

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 for a financial company's duty to report to the Financial Services Commission when it finds that it has failed to meet the requirements for maintaining eligibility, a request to provide data or information for examining eligibility, an order to restrict the exercise of voting rights when it fails to meet the requirements for maintaining eligibility as a result of the examination, and an order to restrict the exercise of voting rights when it is difficult to maintain the order and soundness of measures when it fails to meet the requirements for maintaining eligibility.

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