beta
Text
A defendant shall be punished by imprisonment for not less than eight 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
[Judgment of the court below] On January 1, 2019, the Defendant received a proposal from a person who assumes a false name as a loaner to the effect that “I will create a false transaction document and make a loan in good credit by giving the means of access beyond the means of access.” The Defendant had been willing to lend the existing corporate name account and the means of access connected to the existing corporate account in the name of the new corporation and the new corporation account.
【Criminal Facts】
1. In the business of opening an account under the name of a corporation at a bank interference with business, the bank must be liable for damages depending on whether the relevant account is negligent when it is used for a financial crime, etc. Therefore, whether the relevant corporation is a normal corporation or not is an important matter of confirmation by the bank. In accordance with the comprehensive measures for eradicating the bank passbook in force since October 2012 in order to eradicate the bank passbook, banks are refusing to open the account where the purpose of the bank is unclear after explaining to the customer the illegality of the transfer of the passbook and demanding the customer to confirm the purpose of the financial transaction.
Nevertheless, on January 9, 2019, the Defendant visited the victim C Bank's letter of credit located in Gyeyang-gu, Gyeyang-gu, Hongyang-gu, the Defendant: (a) opened an account under the name of the juristic person; and (b) in fact, the Defendant thought that the means of access connected thereto would be lent to the person under whose name the account would be used for the business purpose of the “D Co., Ltd.”; and (c) opened two bank accounts in the name of the said company by submitting two copies of the confirmation document stating the false facts as “for the payment of goods” and “for the payment of goods” in the column for the purpose of financial transaction along with the documents such as the business registration certificate.
Accordingly, the defendant interfered with the opening of the account of the victim company by fraudulent means.
2.