The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 32(6) of the Act on Corporate Governance of Financial Companies Violating Acts and subordinate statutes (hereinafter “Act”) provides that a single sentence shall be imposed on a violation of the Electronic Financial Transactions Act, which constitutes a finance-related statute, even though the judgment of the court below that rendered a single sentence is unlawful.

B. The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is too unhued and unreasonable.

2. Determination

A. Article 32(1) of the Act on Corporate Governance of Financial Companies for the Determination of Violations of Acts and subordinate statutes (hereinafter “Act”) provides that the Financial Services Commission shall examine whether one of the largest shareholders of a financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”) is in compliance with the requirements prescribed by Presidential Decree, 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.

Paragraph 4 of the same Article, the Financial Services Commission, as a result of the examination under paragraph 1, finds 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.

The Act stipulates.

In addition, the Financial Services Commission cannot maintain the sound financial order and the soundness of the financial company in consideration of the degree of the violation of laws and regulations in certain cases, such as "where a person subject to examination of qualifications was sentenced to imprisonment without prison labor for not less than one year for a violation of the laws and regulations provided for in paragraph (1)" as a result of the examination under paragraph (5) of the same Article.

If it is deemed that the relevant financial company subject to examination of qualifications is 10/100 or more of the total number of issued voting stocks, it may order the financial company subject to examination of qualifications not to exercise voting rights.