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(영문) 대구지방법원 2019.07.09 2019고단2308

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B In order to use for the operation of a private gambling site, B established a so-called "large-type corporation" to have the Defendant get loans by raising credit rating, and proposed to establish a bank account in the name of a corporation and to transfer the means of access, such as passbook, cash card, authorized certificate, andOTP (one-time password) connected to the above account. In response, the Defendant opened a bank account in the name of the large-type corporation and opened the bank account.

1. On July 10, 2017, the Defendant entered false records, such as public electronic records, etc., into a registry office of the Daegu District Court in Daegu Dong-gu, Daegu-gu, Dong-gu, 212, and the fact was merely an intention to sell the means of access by opening an account under the name of “C” and did not intend to operate the corporation. Notwithstanding the absence of an intention to hold the corporation by actually paying the capital, the Defendant exercised the said registry by having the public official in charge of the above registry office enter the false facts, such as the name “C”, “trade business, etc.,” “1,00,000,000 won in the computer system,” and by having the said public official keep the commercial registry stating such false facts on the same day.

Accordingly, the defendant stated false information in public electronic records, and exercised it.

2. In a case where a financial institution interference with business opens a corporate name account at a financial institution, if the account is used for a crime, the financial institution is liable to compensate for damage pursuant to the Electronic Financial Transactions Act depending on negligence. Thus, whether the pertinent corporation is a normal corporation, whether the purpose of opening the account is to use it for the actual business of a corporation is an important confirmation in the establishment of

On July 21, 2017, the Defendant was established at a point of the E BankF located in Daegu Northern-gu, Daegu, as described in the preceding paragraph.