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(영문) 서울행정법원 2017.10.19 2016구합61204
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Details of the disposition; and

A. The Plaintiff is a savings bank whose head office is located in Chuncheon City B.

B. From January 13, 2015 to January 21, 2015, the Financial Supervisory Service conducted a field inspection on the Plaintiff, and recommended the Defendant to take a disciplinary measure against the Plaintiff and the Plaintiff’s major shareholder and the former representative director, and accordingly, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff on January 27, 2016, as follows:

(hereinafter referred to as the "disposition in this case"). I. Measures against the authorities: Imposition of a penalty surcharge of KRW 50 million on the basis of measures: Illegal credit extension to major shareholders, etc.; imposition of a penalty surcharge of KRW 50 million on the basis of gross amount of violation restriction (unit: KRW 500,000); and imposition of a penalty surcharge of KRW 500,500 on the aggregate of the amount of a penalty surcharge imposed on the aggregate of the amount of a penalty surcharge imposed on the basic amount of violation restriction (unit: KRW 50,00) imposed on the major shareholders; etc.; - 50** 350 on April 99, 194; 4.07* 15** 15** 342 days); due to the fact that the imposition of a penalty surcharge of KRW 30% on the basis of the previous Enforcement Decree of the Mutual Savings Banks Act (amended by Act No. 12130, Aug. 13, 2013; ; hereinafter the same shall apply).

Ⅱ The reason for the measure (cadastral matters) - The mutual savings bank cannot extend credit to the large shareholder or his/her relative or any person in a special relationship with the large shareholder (hereinafter “the reason for the measure of the instant Disposition 1”), but on October 7, 2010, it treated 500 million won of the comprehensive passbook loan in the name of E to his/her children D who are the representative director and the large shareholder (the total amount recovered on January 13, 2015) * 3.77 billion of equity capital as of June 30, 2010.

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