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(영문) 서울동부지방법원 2017.06.21 2017고단1465

업무방해등

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

After receiving documents for opening an account under the name of the juristic person from a person without a name (hereinafter referred to as “C”), the Defendant, who is the total book for opening a single-person passbook, and then, as if he was an employee delegated by the representative of the said juristic person, opened an account under the name of the said juristic person, and was willing to receive KRW 80,000 per account in return for transferring the access media connected to the said account to the said person.

1. Where an account in the name of a juristic person is opened at a bank interfering with business affairs, where the relevant account is used for a crime such as Bosing, etc., the bank may be liable for damage under the Electronic Financial Transactions Act depending on whether it was negligent. Since an additional business should be carried out, such as suspension of payment of the account and registration of a criminal use account, etc., it is an important confirmation that the relevant juristic person is a normal juristic person, and whether the relevant account is used for normal financial transaction purposes.

On March 17, 2017, the Defendant visited the victim KEB branch office located in 343, as Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and applied for the opening of an account in the name of D Co., Ltd.

However, in fact, D Co., Ltd. was formally established in order to create a so-called so-called so-called passbook. When Defendant opened an account under the name of the above corporation, it was thought that it would be transferred to another person and used for a crime. However, Defendant was issued access media, such as passbook and cash card, connected with the above account, when it was done as if it was used for a normal financial transaction purpose with respect to the operation of the above corporation as an employee delegated by the above corporation representative, and when it was done as if it was used for the pertinent account for normal financial transaction purpose, Defendant issued a business registration certificate and applied for the opening of the account, and the employee applied for the opening

In this respect, the defendant is a person with no name.