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(영문) 서울동부지방법원 2020.01.15 2019고단3453
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

1. In a case where a bank with interference with business opens an account under the name of a juristic person, the bank that opened the account when the account is used for a crime is liable for damages under the Electronic Financial Transactions Act depending on negligence or negligence. Thus, whether a juristic person that intends to open an account is a juristic person normally established is an important confirmation in the business of opening an account

The Defendant established a juristic person, “a person who has become aware of and contacted an advertisement writing on the Internet lending website,” and proposed to create an account under the name of the juristic person and offer KRW 2 million in the name of the juristic person, and opened a bank account under the name of the juristic person, and then issued passbook, cash card,OTP card, etc. to the above person.

On March 13, 2019, the Defendant received the business registration certificate, certificate of corporate seal impression, power of attorney, corporate certificate, etc. of “stock company B” established in the name of the Defendant from the above person under the name of the Defendant, and subsequently, at a branch of the Victim CB bank in the name of the Defendant CB bank, “B” was a floating company to open a bank account under the name of the Defendant, and was thought to deliver the passbook, etc. to another person. However, as if “B” was normally operated by the said company, the Defendant pretended to be a company under the name of “B” to submit documents necessary for opening an account, such as the company’s business registration certificate, certificate of seal imprint, etc., to the employee in charge of financial transaction purpose by deceiving the employees by means of making false answers, such as stating “business purpose” in the “financial transaction purpose” column, and then, the said employee was issued with the passbook, cash card, and a disposable password creation machine (OTP card) connected with

Accordingly, the defendant, in collusion with the person who was not injured in name, interfered with the opening of the account of the victim bank by fraudulent means.

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