The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for 10 months, and for 8 months, for Defendant C, D, and E, respectively.

In accordance with Article 32(6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”), with respect to a violation of the Fair Debt Collection Practices Act, which constitutes a finance-related statute, a sentence should be imposed separately from other crimes. However, the lower judgment that rendered a single sentence is unlawful.

The defendants' punishment (unfair sentencing) of the court below (2 years of the suspended sentence of one year imprisonment; 2 years of the suspended sentence of ten months; 3 years of the suspended sentence of imprisonment; 3 years of the suspended sentence of six months; 1 year of the suspended sentence of six months) is too unreasonable.

Judgment

Article 32(1) of the Act on the Management of Financial Investment Services and Capital Markets provides that the Financial Services Commission shall, at intervals prescribed by Presidential Decree, examine whether the requirements prescribed by Presidential Decree (hereinafter “requirements for the Maintenance of Eligibility”) are met, such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Acts and subordinate statutes related to finance, with respect to the largest shareholder of the financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”), among the largest shareholder of the financial company subject to the relevant provision.

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 deemed, the financial company that holds the eligibility subject to the examination.