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(영문) 서울동부지방법원 2021.02.17 2020고단3745
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

around July 26, 2019 to August 8, 2019, the Defendant, upon receiving a proposal from a person under whose name the name was known through an “Seoul Stockholm,” and thereby, accepted the proposal to the effect that “the head of a corporation is required to pay KRW 2 million at the face of the week in which the head of a corporation would open the head of a Tong.” In accordance with the order of the person under whose name the head of a Tong was not known, the Defendant established six corporations from August 26, 2019 to October 28, 2019, including “B”, “A”, “D”, “E”, “F”, and “G”.

1. Where an account is opened in a bank interfering with business affairs in the name of a corporation, if the account is used for a fraudulent crime, the bank is liable for damages depending on the negligence. Thus, whether the relevant corporation is a normal corporation is an important matter in the business affairs of opening the bank’s account, and in accordance with the Financial Supervisory Service’s comprehensive measures to eradicate large-scale bankbooks that cause enormous losses and burdens on the national economy, the bank explains the illegality of the transfer of the passbook to the customer, explain the illegality of the transfer of the passbook to the customer, sign it, and refuses to open the account if it is unclear or if it intends to lend or transfer the access media, such as the passbook, cash card, etc. to a third party.

Nevertheless, around October 1, 2019, the Defendant submitted documents necessary for opening an account, such as the company’s business registration certificate, a certificate of registration of the corporation, and a certificate of registration of the corporation, to an employee of the above company’s name, and applied for opening the company’s name bank account (H and I) at around October 1, 2019, which is located in Seongdong-gu Seoul Metropolitan Government Sungdong-gu, with the intent to receive money from the victim company’s bank, as if he/she pretended to be a company normally operated by the above company. The fact is that the Defendant transferred the passbook, etc. connected to the account opened as above to another person.

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