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(영문) 수원지방법원 평택지원 2018.09.20 2018고단632
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where an account is opened in a bank interfering with business affairs in the name of a corporation, the bank may be liable for damage under the Electronic Financial Transactions Act depending on whether the account is negligent, and as such, additional business should be carried out, such as suspension of payment of the account and registration of account for use of crime, etc., so whether the relevant corporation is a normal corporation, whether the relevant account is used for normal financial transaction purposes, etc., are important confirmations in the bank’s business affairs.

On June 2016, the Defendant would offer 95,000 won per head of a Tong, if the Defendant opened a passbook under the name of the corporation.

“Along with the proposal, with the necessary documents for filing an application for opening a bank account of a specific corporation, such as a business registration certificate and a certificate of seal impression, the Plaintiff visited the city bank and opened an account under the name of the pertinent corporation by deceiving the bank at all, which is irrelevant to the Defendant, and received an access medium such as the passbook and received the issuance of the passbook to deliver the account to the person without the name.

On June 22, 2016, the Defendant, in collusion with the name influor, ordered a national bank 150, the Bluor, the Bluort branch of the Bluort, to file an application for an account under the name of the said juristic person with the documents, such as the power of proxy, from the name influort B, and applied for the opening of an account under the name of the said juristic person by entering the said national bank as the Bluort branch of the Bluort.

However, the facts were that the above corporation was a corporation for the opening of a tentatively named passbook, and when the defendant opened an account under the name of the above corporation, he was thought to immediately deliver it to the above person who was in fact, and the defendant was working for the above corporation or was delegated by the representative of the above corporation to open a passbook.

Nevertheless, the defendant is the above corporation.

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