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(영문) 전주지방법원 2018.09.06 2017고단1501
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 its business opens a corporate name account, if the fact that the applicant’s certificate of employment is false, the opening of the relevant corporate account shall not be permitted if it is revealed at the time of application that the applicant’s certificate of employment is false. If it is revealed after the next, the right of representation of the applicant for opening the corporate account and documents proving his status (the power of attorney, certificate of employment, certificate of registration of the corporation, etc.) are important documents. In addition, if the relevant account is used for crimes such as singing, etc., the bank shall be liable to compensate for damage in accordance with the Electronic Financial Transactions Act depending on whether it is a normal corporation, whether the application for opening the account is an employee or agent of the relevant corporation, etc.

The Defendant: (a) established one-person who is in charge of the bank’s business; (b) by deceiving a person in charge of the bank’s business; (c) made one-person in charge of the bank’s business so-called a one-person to transfer his name to an unspecified person; and (d) registered the establishment of a limited company C in the Daejeon District Court’s 17-gil, Nam-gu, Nam-gu, Daejeon District Court’s 7-ro, Nam-gu, Daejeon District Court’s 19th on November 19, 2015.

On November 23, 2015, the Defendant submitted related documents, including the business registration certificate, etc. in the name of the said juristic person, to the employees in charge of the said juristic person at the 163-dong branch of the victim Kim Jong-dong branch located in Seo-gu, Seocheon-gu, 2015, and applied for the establishment of an account in the name of the said juristic person. During the process, the Defendant misrepresented the employees of the said juristic person, and was issued the passbook, cash card, etc. connected to the said bank account under the name

Accordingly, the Defendant, as seen above, interfered with the opening of the accounts of the victim agricultural bank by fraudulent means, and around that time, up to three accounts from the victim banks by pretending that the above corporations were genuine by the aforementioned method, as shown in the list of crimes in the attached Table.

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