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(영문) 수원지방법원 2021.01.15 2020고단6947
업무방해등
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

1. Where a bank interfering with its business opens an account under the name of a corporation, the bank shall be liable for damages depending on whether the account is negligent if the account is used for a financial crime, etc. As such, whether the corporation is a normal corporation, etc., is an important fact-finding matter in the bank’s opening of the account, and in accordance with the comprehensive measures for eradicating the presidential passbook in force from November 201, 2012, the bank refuses to open the account where its purpose is unclear and it is unclear while explaining the illegality of the transfer of the passbook to the customer and signing it on the confirmation by the customer.

On June 19, 2018, the Defendant, at the active service branch C Bank in Seongbuk-gu, Seongbuk-gu, Sungnam-si, having known the fact that the opening of an account may be refused with sufficient explanation from the employees of the bank for the prohibition of illegal evasion of name transactions and for normal purposes and for other purposes. However, the Defendant submitted the registration certificate, the registration certificate, the entire registration certificate, etc. of the “D” corporation with no real entity for the purpose of transferring the account to the bearers, and opened a bank account in the name of the victim C bank in the same manner from that time to August 16, 2018, including opening the C bank account in the name of the employees of the victim C bank in the form of a manner as shown in the list of crimes, from that time, until August 16, 2018.

Accordingly, the defendant interfered with the victims' work by fraudulent means.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing any access medium;

On June 2018, the defendant, who had misrepresented the employees of a lending company, had "if there is any details of deposits and withdrawals into the corporate account, there is any existing loan."

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