logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.10.08 2020고단4198
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On December 2017, the Defendant received a proposal from a person with no name, who became aware of through the Internet, to pay KRW 1,500,000 per month of the account, and accepted it, thereby establishing a floating corporation, and opened a majority of the accounts in the corporate name, and then delivered a means of access, such as physical cards connected to the said account.

Around December 19, 2017, the Defendant had no actual intent to operate a corporation and had no intent to hold the corporation by paying the capital, and had a public official in charge, who did not know of the fact, applied for the registration of incorporation of a corporation with respect to “stock company C” as if he were to actually establish a corporation through B certified judicial scrivener in Seocho-gu Seoul Metropolitan Government’s registry office in Seocho-gu Seoul Metropolitan Government, and had the public official in charge enter the false facts in the commercial registry computer system, such as “C”, “A”, “A”, “A”, “D”, “Seoul Metropolitan Government E-building,” “F”, “3,000,000 won”, and exercised this on the same day.

2. Where an account in the name of a corporation is opened at a bank interfering with business affairs, the bank must be liable for damages depending on whether the account is negligent if the relevant account is used for a financial crime, etc. Therefore, whether the relevant corporation is a normal corporation is an important verification matter in the bank’s business affairs, and according to the comprehensive plan for eradicating the bank’s passbook that was implemented since October 2012 in order to eradicate the bank’s account opened in order to explain the illegality of the transfer of the passbook to the customer, and the bank asks the customer for the “written confirmation of the purpose of the financial transaction” when the customer confirms and sign it, or when the purpose is unclear or the bank card is cash card.

arrow