The prosecutor's appeal is dismissed.

The judgment of the court below that rendered a single sentence is unlawful, even though it is necessary to separately sentence the violation of the Electronic Financial Transactions Act, which constitutes a financial-related statute, pursuant to Article 32 (6) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) by misunderstanding the substance of the grounds for appeal.

The punishment of the court below (two years of suspended execution of one year for each of the defendants) that is unfair in sentencing is too unfortunate and unfair.

Judgment

Article 32(1) of the Act on the Management of Financial Companies (hereinafter “the Act”) provides that the Financial Services Commission shall, at intervals prescribed by Presidential Decree, examine whether a person, among the largest shareholders of a financial company subject to the pertinent provision, does not violate the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Act on the Punishment of Tax Evaders, and other Acts and subordinate statutes related to finance (hereinafter “the requirements for the maintenance of eligibility”) and shall meet the requirements prescribed by Presidential Decree (hereinafter “requirements for the maintenance of eligibility”).

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 recognized, at least 10/100 of the total number of voting shares issued by the financial company that holds the relevant eligibility examination may be ordered not to exercise voting rights.