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(영문) 인천지방법원 2018.05.16 2018고단2089
업무방해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where a bank interfering with its business opens an account in the name of a corporation, the bank is liable for damages pursuant to the Electronic Financial Transactions Act depending on whether the account is negligent if the relevant account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation or not, etc., is an important confirmation in the bank’s business of opening the account, and according to the comprehensive measures for eradicating the presidential passbook in force from October 2012, the bank refuses to open the account where the purpose of opening the account is unclear while explaining the illegality of the transfer of the passbook to the customer and allowing the customer to confirm and sign it.

Nevertheless, on March 2016, the Defendant would open a bank account in the name of the legal entity and offer the access media connected to the account to the account from the “C”, which is a book for soliciting the presidential passbook.

“After receipt of a proposal to the effect that it was “,” and then accepted it, at the affected bank located in Incheon around March 2, 2016, the fact was that (a) opened the account in the name of D and was thought to transfer the access medium to another person, and even though there was no thought to normally operate the above company, the said account was used as if it were to be used in normal financial transactions with respect to the management of the company, and (b) filed an application for opening an account in the name of the affected bank with the documents necessary for the establishment of the corporate account in the name of the above company, such as all corporate registration certificates, certificates of seal impression certificates, etc., to the affected bank staff, and in the process, the said company may be liable for damages if the head or cash card is transferred to another person, and may be punished by the Electronic Financial Transactions Act.

The victim bank is placed in the column of “a description of the above content” of the item “assumed,” and written in the column of “a certificate of purpose of financial transaction” and written as “a business purpose” in the column of “a certificate of purpose of financial transaction.”

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