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(영문) 인천지방법원부천지원 2020.10.23 2020고단2435
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On May 10, 2019, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Incheon District Court Branch Branch of the Incheon District Court for ten months, and the said judgment became final and conclusive as the withdrawal of appeal on March 23, 2020.

【Criminal Facts】

On September 28, 2018, when the Defendant was found through the Internet to obtain a loan, the Defendant established B and C companies in the registry of the Seoul Central District Court, and the limited liability company D companies in the registry of the Incheon District Court on the same day, respectively, on September 28, 2018, respectively.

1. In a case where a financial institution interference with business opens a corporate name account at a financial institution, if the fact that a corporation falsely registers its establishment is revealed, it is prohibited from opening the relevant corporation’s account, and in a case where the relevant account is used for a crime such as scaming, etc., the bank is liable to compensate for damage pursuant to the Electronic Financial Transactions Act depending on whether it is negligent. Thus, whether the relevant corporation is a normal corporation or not,

On November 9, 2018, the Defendant submitted documents necessary for opening an account, such as the company registration certificate, corporate register, etc. of a limited liability company D established under the foregoing circumstances at the F Bank Park Dong-dong branch in Busan-si, and opened a F Bank account in the name of the above company, under the Fictitious Doctrine that a company, which is a responsible company, is normally operated by the foregoing bank, and opened the F Bank account (Account Number: G) under the name of the above company, and in the process, stated “business purpose” in the form of “written confirmation of financial transaction purpose,” and stated “whether there was a request from another person for lending the passbook for the purpose of lending, employment, etc.”

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