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(영문) 서울남부지방법원 2017.02.10 2016고단5951

업무방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal record] On August 24, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on January 10, 201, and the said judgment became final and conclusive on February 10, 2017.

[2] In a case where a bank opens a corporate name account, if the fact that the certificate of employment of an applicant is false, the bank's opening of the account is denied if it is proved that the certificate of employment of the applicant is false, and then, if it is revealed that the certificate of employment of the applicant is false, the bank's power of representation, the power of representation, the certificate of employment, etc. of the applicant for opening of the corporate account is important documents, such as suspension of transaction of the relevant account. In addition, if the relevant account is used for a crime such as singing, etc., the bank must be liable for damages pursuant to the Electronic Financial Transactions Act depending on negligence. Thus, whether the pertinent corporation is a normal corporation, whether the applicant for opening of the account

On June 2, 2014, the Defendant: (a) around June 2, 2014, at the Seoul Dongdaemun-gu Seoul Metropolitan Government Office No. 308, opened a passbook in the name of a corporation using the dice stringing the documents related to “D” from “D.” On the other hand, the Defendant would establish one listed company and offer employment.

“After receiving the proposal from the above person’s name, the certificate of business registration of E, certificate of corporate seal impression, certificate of corporate registry, certified copy of corporate registry, power of attorney, false certificate of employment stating that the defendant works in the management department of the above company, and copy of the representative’s identification card of E, etc. on the same day, enter the 102 new bank Sinsan Seo-gu, Busan Metropolitan City on the same day.

In submitting the above documents containing false certificate of employment to the employee of the party, he/she applies for the opening of an account in the name of the company E, and in the process, he/she assumes the position of the staff of the management department E.