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(영문) 인천지방법원 2021.01.20 2019고단8342
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 2, 2018, the Defendant entered false records, such as public electronic records, etc., and the Defendant filed an application for registration of incorporation of a corporation, with the Incheon District Court registry located in the territory of the territory of the Michuhol-gu Incheon, Michuhol-gu, Incheon, and with the public official in charge of registration under the name of the corporation, as if the amount of capital was not paid-in without paying the corporation capital.

The Defendant had a public official in charge of registration, who knows such circumstance, enter the computer system into the content of the “Limited Liability Company B” and “15 million won” in the corporate registry system, and had him keep the said corporate registry in the computer system. From that time to December 19, 2018, the Defendant had a public official in charge of registration enter the content of the corporate registry system in the total of three times as shown in attached Table 1, as if he was paid in capital, by submitting a false corporate registry report to the public official in charge of registration three times from that time to December 19, 2018.

Accordingly, the defendant made a false report to a public official to record the false facts in the electronic records identical to the original copy of the fair deed, and exercised each of them.

2. In a case where an account in the name of a corporation is opened at a bank interfering with business affairs and the relevant account is used for a financial crime, the bank is liable for damages pursuant to the Electronic Financial Transactions Act depending on negligence. As such, whether the pertinent corporation is a normal corporation is an important matter in the bank’s business of opening the account, and pursuant to the Financial Supervisory Service’s comprehensive measures for eradicating large-scale bankbooks, which were implemented since October 2012, to eradicate the bank’s account causing a big economic loss to the public, the bank “a confirmation document for the purpose of financial transaction” in the case of a corporation, etc. that opens a short-term multiple account while explaining the illegality of the transfer of passbooks to the customer and allowing

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