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(영문) 인천지방법원 2021.01.14 2020고단9516
업무방해등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant would provide loans of KRW 30,000,00,000 to the Defendant, who is called “B” from a person in unsound name, who establishes and registers a corporation, and opens a bank account using the name of the corporation, and create a passbook, check card, and OTP card, which is an access medium connected to the account.

The Defendant accepted the proposal to the effect that “,” and accordingly, the Defendant established a memorial company and opened an account, and raised the passbook, etc. connected to the account to the above person with an intention to transfer it to the above person.

1. Where an account in the name of a corporation is opened in a bank interference with business, the bank shall be liable for damages depending on negligence when the relevant account is used for financial crimes, etc.; therefore, whether the relevant corporation is a normal corporation, whether the relevant account is used for normal financial transaction purposes, etc. are important confirmations in the establishment of the bank’s account;

Nevertheless, around July 4, 2017, the Defendant, as his/her representative, has established the Dispute Resolution Co., Ltd and the Dispute Resolution Co., Ltd., which is a floating company, respectively, and around July 7, 2017, the Defendant submitted documents necessary for the opening of the account, such as a company’s business registration certificate, a certified copy of the corporate registry, and a certificate of seal impression, to the employees in charge of the company’s opening the account in the name of the Dispute Resolution Co., Ltd., and submitted them to the employees in charge of the company’s business registration certificate, a certified copy of the corporate registry, etc., and submitted them to the employees in charge of the company’s opening the account in the name of the Dispute Resolution Co., Ltd., and received the passbook, an OTPP card, etc. from September 6, 2017 to September 6, 2017.

2. Any person who violates the Electronic Financial Transactions Act shall demand the payment for any access medium necessary for electronic financial transactions in the use and management of such access medium.

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