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(영문) 서울고등법원 2018.04.20 2018노216
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, the crime No. 2 through No. 4 of the judgment shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the crime No. 1 in its holding: imprisonment with prison labor for 6 months, 2-3-A, 4-B, and 3-B in its holding for 10 months: imprisonment with prison labor for 10 months and 2-B) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Ex officio determination

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”), including the violation of the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Evaders Act, 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 person subject to examination of qualifications fails to meet the requirements for maintaining eligibility.

, if it is deemed that it may order the person subject to examination of eligibility to take certain measures to ensure the soundness of the management of the financial company.

set forth.

In addition, Paragraph 5 of the same Article, the Financial Services Commission cannot maintain a 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 at least one year for a violation of the law provided for in Paragraph 1 and the sentence becomes final and conclusive" as a result of the examination

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

set forth.

On the other hand, paragraph 6 of the same Article is different from that of a violation of the laws and regulations stipulated in paragraph 1.

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