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(영문) 대법원 2018.04.26 2018도3242
전자금융거래법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 32(6) and Article 32(1) of the Act on Corporate Governance of Financial Companies and Article 5(29 of the Enforcement Decree of the Act on Corporate Governance of Financial Companies with respect to the grounds for the prosecutor’s appeal, the offense of violation of the Act on Financial Business Specializing in Credit should be tried separately from other crimes and sentenced separately. However, it is reasonable to view that the provisions of separate review and sentence under Article 32(6) of the same Act apply only where the defendant falls under the subject of examination of eligibility under Article 32(1).

Therefore, even according to the record, there is no evidence to view that the defendant constitutes subject to examination of eligibility under Article 32(1) of the Act on the Management of Financial Companies. Thus, it is justifiable that the court below did not separately examine and decide on the defendant's violation of the Act on the Management of Financial Companies and other crimes among the facts charged in this case.

Contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles as to Article 32 (6) of the Act on the Management of Financial Companies.

2. According to the records on the grounds of the Defendant’s appeal, the Defendant appealed against the judgment of the first instance, and asserted misunderstanding of the legal principles on the grounds of sentencing on the grounds of appeal, but withdrawn the grounds of appeal on the grounds of misunderstanding of the legal principles on the first trial date of the lower court.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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