[2015 Highest 1428] On December 2, 2012, the Defendant accepted the Defendant’s offer that “I will deposit a corporate account under the name of the bank with the documents related to the legal entity, such as a business registration certificate or proxy certificate, and then give KRW 50,00 won per day to transfer the passbook, cash card, security card creation device, etc.” to the bank.

1. In a case where a bank interference with business opens a corporate name account, if the fact that the certificate of the applicant’s employment was false, the opening of the relevant corporate account shall not be permitted if it is revealed that the applicant’s employment certificate was false, and then the document proving the applicant’s power of representation and status is important documents, such as suspension of transaction in the relevant account, and where the relevant account is used for crimes such as scaming, etc., the bank is liable to compensate for damages pursuant to the Electronic Financial Transactions Act depending on negligence. Thus, whether the relevant corporation is a normal corporation, whether the applicant for opening the account is an employee or agent of the relevant corporation, etc.

The Defendant knew that other corporate documents received from C in order to open a corporate name are more than 35 kinds of legal documents, and thus, the documents under the name of the said legal entity were not normal, and opened several accounts for a short period of time, the fact that many corporate accounts are opened in a short period of time, the fact that the normal agent is paid a higher amount than the normal agent, and the fact that the organization of the Bosphishing fraud crime reported in news, etc. around that time is inviting the invitation of the one in the above way.