logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2021.02.02 2020고단1187
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

[200 Highest 1187]

1. Where an account is opened at a bank interfering with B-related business affairs, the bank shall be liable for damages under the Electronic Financial Transactions Act depending on whether the account is negligent if the account is used for an electronic financial fraud, etc. As such, whether the relevant corporation is a normal corporation, etc. is an important confirmation in the bank’s opening of the account. In accordance with the Financial Supervisory Service’s comprehensive measures for eradicating the presidential passbook that has been enforced since November 2012, the Financial Supervisory Service’s “comprehensive measures for eradicating the presidential passbook that has caused a big economic loss to the people,” which was in force from around November 2012, the bank explain to the customer the “Prohibition against Illegal and Unlawful Transactions” as to the illegality of the transfer of passbook, and the bank refuses to establish a “written confirmation of the purpose of the financial transaction” while allowing the customer to confirm and sign it.

On July 2019, the Defendant sent an Internet loan advertisement posted by a person without his/her name on a report phone, thereby allowing the person without his/her name to open an account under the name of the juristic person and make a false transaction performance, thereby allowing him/her to obtain a loan. After opening an account under the name of the juristic person, the Defendant opened a false transaction performance, and then sending the relevant account card, etc.

In other words, “a request” after hearing the horses and consenting thereto, sent the Defendant’s resident registration, etc., a copy of his/her identification card, and a certificate of his/her personal seal impression necessary for the establishment of the said corporation to the above-mentioned person. Around August 2019, the above-mentioned representative director was sent to B’s business registration certificate, a certified copy of the corporate registry, etc., which was established under the name of the Defendant.

On August 30, 2019, the Defendant may refuse to open an account if the D Bank Co., Ltd. in Seoul Jung-gu filed an application for the opening of the account in the name of the Seoul Jung-gu Seoul Central Bank Co., Ltd. at the fixed branch, and if it is not confirmed that the normal purpose is not verified, the Defendant’s explanation of “Prohibition of Illegal and Unlawful Transaction” from the banking staff.

arrow