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Defendant
A Imprisonment with prison labor for three years and for two years, respectively.
. Matters relating to corporate governance of financial companies.
Reasons
Punishment of the crime
"2017 Highest 7219"
1. Defendant A
A. False entry, such as public electronic records, and the defendant in such events, the defendant will offer 80-150 million won per head of a Tong, if he/she opens an account in the name of the business operator after establishing a corporation and registering the business operator in the name of the corporation.
“In receipt of a proposal to the purport, the fact in the Incheon District Court’s registry located in Mandong-dong, Incheon Metropolitan City around June 18, 2015 was to establish a juristic person for the purpose of distribution by opening a public passbook and to register the incorporation of the juristic person. In fact, despite the fact that there was no “F of a limited company,” a public official in charge of the said registry office submitted documents necessary for the registration of the juristic person, such as the Defendant’s seal impression certificate, the application for the registration of the incorporation of a limited company, etc., and had the public official in charge of the said registry office enter such false facts as the trade name, address, and total amount of capital of the said “F of a limited companyF of a limited liability company” in the commercial registration book, which is an electronic record, and around that time, had him/her keep it in the register and use it at the same time from June 18, 2015 to November 25, 2015.
B. Where a bank interfering with its business opens an account in the name of a corporation, the bank must be liable for damages pursuant to the Electronic Financial Transactions Act depending on whether the account is negligent when the account is used for a financial crime. As such, whether the corporation is a normal corporation is an important matter in the bank’s business of opening the account, and according to the Financial Supervisory Service’s comprehensive measures for eradicating the presidential passbook, which was implemented since October 2012, to eradicate the large-scale bank passbook causing a big loss to the people, the bank explains the illegality of the transfer of the passbook to the customer and confirms and sign it by the customer.