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(영문) 수원지방법원 성남지원 2017.09.12 2017고단1552
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Where a bank interfering with business opens an account under the name of a corporation, a document certifying the applicant’s status, a business registration certificate, a corporate seal certificate, etc. is an important document that determines whether to open an account. In the event that the relevant account is used for a crime of Bosing, etc., the bank is liable to compensate for damage pursuant to the Electronic Financial Transactions Act depending on whether the relevant corporation is a normal corporation, and whether the applicant is the representative of the relevant corporation, etc. is an important confirmation in the bank’s business of opening an account.

On August 8, 2016, the Defendant: (a) reported on the advertisement that “any person can borrow” through Internet search, and opened a large number of bank accounts in the name of the juristic person, by establishing a juristic person; and (b) up the transaction performance, the Defendant would have the bad credit holders obtain a loan because it is possible to do so.

Upon receipt of the proposal, “The fact was: (a) on August 5, 2016, without the intention to establish and operate a corporation, the registration for the incorporation of C corporation was made at the Macheon District Court’s Macheon District Court’s Macheon District Office (the registration number of the corporation): (b) on August 11, 2016; (c) on the registration of the establishment of the corporation of F, G, and H corporation (the registration number of the business operator: E) at each competent registry office, each of the competent registry offices intended to open a bank account in the name of each corporation for the purpose of delivering the loaner B solely after completing the registration of the business operator at each competent registry office.

On August 16, 2016, the Defendant: (a) was a company in which C Co. exists and the Defendant actually submitted a certificate of corporate seal impression, a certified copy of corporate registry, an identification card, etc.; and (b) prepared an application form for opening of an account at the pre-existing branch of the Victim’s Bank of Korea, located in 18-1, U.S., the U.S. branch of the U.S. Bank of Korea.

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