1. The judgment below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that this shall not apply.

In accordance with Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”) and Article 5 of the Enforcement Decree of the Act on Corporate Governance of Financial Companies (hereinafter “Enforcement Decree”), the Act on Corporate Governance of Financial Companies (hereinafter “Enforcement Decree”) must be sentenced separately from other crimes. However, the judgment of the court below which sentenced a single sentence is erroneous.

Defendants (unfair sentencing) punishment of the lower court (defendant A: imprisonment with prison labor for one year, and imprisonment with prison labor for ten months) is too unreasonable.

Judgment

Unlike Article 31 of the Act, Article 32 of the Act provides for the requirements for approval of change to a person who intends to become a major shareholder (the major shareholder of a financial company is divided into the major shareholder and the major shareholder) by acquiring or taking over shares issued by a financial company to determine the violation of laws and regulations of the public prosecutor, Article 32 of the Act provides for the requirements for the maintenance of qualifications for one largest shareholder among the major shareholders of the financial company which acquired the status of a major shareholder after obtaining approval of change.

Article 32(1) of the Act provides for separate review and sentence under Article 31 of the Act, and Article 31 does not provide for separate review and sentence under Article 32, but provides for separate review and sentence under Article 32 only under Article 32 without any provision for separate review and sentence under Article 31; Article 32(6) provides for "crimes resulting from violation of Acts and subordinate statutes stipulated in Article 2(7)" not for "crimes resulting from violation of Acts and subordinate statutes stipulated in Article 2(1)" in its form; Article 32(1) of the Act provides for "crimes resulting from violation of Acts and subordinate statutes stipulated in Article 32(1) of the Act; in order to examine the requirements for maintaining eligibility under Article 32(1) of the Act, separate sentencing should be imposed on the violation of the finance-related Acts and subordinate statutes; and the examination is conducted at the same time (two years at present). Considering the systematic, rational interpretation of the provisions related to the purport and related provisions of Article 32(6) of the Act.