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(영문) 대법원 2018.04.12 2017도21308
특정범죄가중처벌등에관한법률위반(절도)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 32(6) and (1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act”), Article 5(29 of the Enforcement Decree of the Act on Corporate Governance of Financial Companies and Article 32(6) and Article 32(1) of the Act on Corporate Governance of Financial Companies, a violation of the Act on Specialized Credit Financial Business must be tried and sentenced separately from other crimes. However, it is reasonable to view that Article 32(6) of the Act on Specialized Credit Control of Financial Companies apply only to cases where a defendant falls under the subject of examination of eligibility under paragraph (1) of the same Article.

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.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on Article 32(6) of the Act on the Management of Financial Companies.

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

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