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(영문) 전주지방법원 2017.09.18 2017고단871
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Where a bank interfering with its business opens a corporate name account, if the fact that the applicant’s certificate of employment is false, the opening of the relevant corporate account shall not be permitted if it is revealed at the time of application that the applicant’s certificate of employment is false. If it is revealed after the next, the right of representation of the applicant for opening the corporate account and documents proving his status (the power of attorney, certificate of employment, certificate of registration of the corporation, etc.) are important documents. In addition, if the relevant account is used for crimes such as singing, etc., the bank shall be liable to compensate for damage in accordance with the Electronic Financial Transactions Act depending on whether it is a normal corporation, whether the application for opening the account is an employee or agent of the relevant corporation, etc.

The Defendant: (a) established one-person who is responsible for the affairs of a bank; (b) released a person in charge of the affairs of a bank; (c) made one-person in charge of the affairs of a bank; and (d) made a registration for the establishment of a limited company B at the Gancheon Branch Office of the Gwangju District Court located in 20,000 no later than November 19, 2015, and registered its business at a female tax office around that time.

After November 19, 2015, the Defendant submitted a related document including the business registration certificate, etc. in the name of the said corporation to the employees in charge of the Defendant at a point in the National Bank of Korea located in 24,000 Korean National Bank from the point of time to which he/she had left for viewing on November 19, 2015.

In making a false reply by stating “not to mention” as “not to mention,” and applying for the opening of an account under the name of the said legal entity during that process, misrepresenting the employees of the said legal entity, and was issued a passbook, cash card, etc. connected to the said legal entity’s bank account (C).

Accordingly, the Defendant interfered with the establishment of a bank account by fraudulent means as above.

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