A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Where a bank interfering with its business opens a corporate name account, the bank must be liable for damages depending on negligence when the relevant account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation is an important confirmation matter in the bank’s opening business, and according to the comprehensive plan for eradicating the bank passbook in force from October 2012 in order to eradicate the large-scale bank passbook that causes a big loss on the national economy, the bank is obliged to explain the illegality of the transfer of the passbook to the customer and to request the customer to confirm and sign the bank’s account, and to refuse to open the account where the purpose is unclear.

On March 2017, the Defendant accepted the proposal that “I will pay KRW 100,000,000 per day when I opened a juristic person account and deliver the passbook,” from a person who was not the deceased on his name. In accordance with the direction of the person who was not the deceased on his name, the Defendant opened the corporate account and transferred it, and received KRW 10,000 per day in return.”

On March 2, 2017, the Defendant, at around 10:44, filed an application for opening a Cbank account in the name of B (D) with the employees in charge of opening the bank account on behalf of the said company, who opened the bank account on behalf of the said company, and opened the account on behalf of the employees in charge of opening the bank account at a branch office in neighboring Cbank, by submitting documents such as the above business registration certificate, the certificate of personal seal impression, and the power of delegation, which are most likely to promptly deliver the bank account.

Accordingly, the defendant interfered with the opening of accounts of the victim Cbank by fraudulent means.

2. Any person who violates the Electronic Financial Transactions Act shall use and manage the means of access.