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(영문) 인천지방법원 2020.11.20 2020고단8927
업무방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On July 2018, the Defendant: (a) opened an account under the name of a juristic person after establishing a floating company; and (b) consented to the offer that “The account shall be sold to an operator of an illegal private gambling site; and accordingly, the Defendant established a floating company and opened an account; (c) opened the account; and (d) opened the account to the above B.

1. Where a financial institution interference with business opens a corporate name account at a financial institution, if the false registration of incorporation was made, or if the certificate of employment of the applicant for the establishment was revealed to be false, the relevant corporation’s account is not opened, and if the relevant account is used for a crime, the bank should be liable to compensate for damage pursuant to the Electronic Financial Transactions Act depending on whether it is negligent, and therefore, whether a corporation seeking to open an account is a normal corporation or not is an important matter

On July 4, 2018, the Defendant established D (hereinafter “D”) a “ageing company” (hereinafter “D”). On July 10, 2018, the Defendant submitted documents necessary for the opening of an account, such as the company’s business registration certificate, the certified transcript of corporate register, and the certificate of personal seal impression, to the employee in charge of the company operating normally at the FF Bank operations Dong branch located in Gyeyang-gu Incheon, and submitted the documents under the name of D, and made the said employee open the FF Bank account (G) under the name of D, and received the passbook, the CC card, the OTP card, etc. related to the said account.

In addition, from that time until August 28, 2018, the Defendant opened a total of 12 accounts, as described in the separate sheet of crime, by means of a deceptive scheme, thereby hindering the opening of the bank’s account by means of a deceptive scheme.

2. Any person who violates the Electronic Financial Transactions Act;

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