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(영문) 서울남부지방법원 2017.06.14 2016고단6373
업무방해
Text

A defendant shall be punished by imprisonment for six 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

Where an account in the name of a corporation established in a financial institution is used for a crime such as singing, etc., the bank may be liable for damages under the Electronic Financial Transactions Act depending on negligence. Thus, whether the relevant corporation is a normal corporation, whether the applicant for opening the account is a true representative of the relevant corporation, etc. is an important confirmation in the bank’s opening of the account.

On November 2015, the Defendant searched with the word “credit loan” on the Internet, and then came to know of “B” following the following car pages by accessing “C”, thereby allowing the Defendant to obtain loans by opening and lending a passbook in the name of the business operator for three months.

The term “” has received proposals and intended to open an account solely for the purpose of delivering it to C, a borrower.

Accordingly, on November 26, 2015, the Defendant completed the new establishment registration of “D Co., Ltd.” with “D Co., Ltd.” in the registration state of the Seoul Southern District Court located in Yeongdeungpo-gu Seoul District Court, Yeongdeungpo-gu, Seoul, Seoul, with C, and on November 30, 2015, the Defendant registered the business at the goldcheon Tax Office located in 11-21, Geumcheon-gu, Seoul, as Geumcheon-gu, Geumcheon-gu, Seoul, as Geumcheon-gu,

1. On November 30, 2015, the Defendant who interfered with the business of the National Bank of Korea (hereinafter “D”) is an employee of the victim’s national bank additional IT branch located in Geumcheon-gu Seoul Metropolitan Government 2-ro 98 additional digital 2-ro, thereby opening an account necessary for the operation of the company, which is a company manufacturing cosmetics and computer parts.

“A company actually exists and the Defendant was the representative director of the above company, and submitted an account application document containing a false statement of purpose of financial transaction, including a business registration certificate, certificate of corporate seal impression, articles of incorporation, and certificate of intent of lending passbook from others, and opened an account of a national bank account under the name of the above company. The above company’s name.

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