The prosecutor's appeal is dismissed.

In accordance with Article 32(6) of the Act on Corporate Governance of Financial Companies Violating Acts and Subordinate Statutes (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 should be separately sentenced to a violation of the Act on Finance-Related Acts and subordinate statutes. However, the judgment of the court below which sentenced a single punishment is erroneous in the misapprehension of the above statutes.

The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unhued and unfair.

Judgment

Unlike Article 31 of the Act, Article 32 of the Act provides for the requirements for the 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 acquiring shares issued by the financial company to determine the violation of Acts and subordinate statutes. 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 has already acquired the status of a major shareholder with the approval of change.

Article 32 (1) of the Act provides for separate hearings and rulings under Article 31 and Article 32 (3) of the Act does not provide for separate hearings and rulings under Article 31, but provides for separate hearings and rulings under Article 32 only under Article 32 without any provision for separate hearings and rulings under Article 31; Article 32 (6) of the Act provides for "crimes resulting from a violation of Acts and subordinate statutes stipulated in Article 2 (7)" not "crimes resulting from a violation of Acts and subordinate statutes stipulated in Article 2 (1)" in the form thereof; Article 32 (1) of the Act provides for "crimes resulting from a 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 sentences are necessary for the violation of the finance-related Acts and subordinate statutes; and the examination is conducted at the same time (two years in the present), and the systematic, rational interpretation of the provisions related to the purport of Article 32 (6) of the Act is taken into account.