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(영문) 인천지방법원 2017.05.25 2017고단2348
업무방해등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

On February 10, 2017, A was sentenced to two years of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Incheon District Court on February 10, 2017, and the judgment became final and conclusive on the 18th of the same month.

1. Defendant A

A. In a case where a bank interfering with its business opens a corporate name account, the bank is liable for damages under the Electronic Financial Transactions Act depending on whether the account is negligent when the account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation, etc. is an important matter in the bank’s business of opening the bank’s account, and according to the comprehensive measures for eradicating the Governor of the Financial Supervisory Service, which was in force since October 2012, to eradicate the bank’s large-scale economic loss, the bank demands the customer to “written confirmation of the purpose of financial transaction” in the case of a corporation that opens a short-term majority account while explaining the illegality of the transfer of the passbook to the customer, and allowing the customer to confirm and sign it.

On September 2016, 2016, the Defendant issued a certificate of personal seal impression, identification card, etc. under the name of the Defendant to the non-party in the name of the Defendant to receive money from the non-party in the name of the company that became aware of through the Internet job placement advertisement, and issued a certificate of personal seal impression, identification card, etc. under the name of the Defendant to the non-party in the name of the company. After the non-party established the limited company D using the above document, the Defendant sent a certified copy of the register of the limited company D and a certificate of personal seal to the Defendant. The Defendant used this to register the limited company D under the name of the limited company D.

On September 7, 2015, the Defendant: (a) at the location of a new bank located in the area adjacent to the Seocheon-si, Seocheon-si, Seocheon-si; (b) submitted documents necessary to open a corporate account under the above name of the limited company D to the employees in charge of the victim bank; and (c) opened an account under the name of the limited company D (E).

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