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(영문) 광주지방법원 목포지원 2018.11.16 2018고단902
업무방해등
Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for four months.

However, as to the defendant B and C,

Reasons

Punishment of the crime

1. In a case where a bank interfering with its business opens a corporate name account, the bank is liable for damages depending on whether the account is negligent when the relevant account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation is liable for damages. Accordingly, in accordance with the comprehensive measures for eradicating the presidential passbook in force from October 2012, the bank is obliged to explain the illegality of the transfer of the passbook to the customer and to sign the confirmation by the customer in accordance with the comprehensive measures for eradicating the presidential passbook in force from October 2012.

A. On October 23, 2015, Defendant A submitted to the employee in charge of opening an account, such as the company’s business registration certificate, the corporate registry copy, and the certificate of seal impression, under the pretending that the company with limited liability, which was merely a floating company, was a company normally operated by the competent bank, and applied for opening an account under the name of limited company E, and during that process, stated “the purpose of financial transaction” in the “certificate of purpose of financial transaction” as “the purpose of financial transaction,” and stated “the fact that he/she received a request for lending the passbook from others.”

It is true that the bank was requested to open a passbook for the purpose of raising credit rating, lending, etc. from others.

By means of making false answers, such as entering “not” as “not” in the question, and deceiving the said employee and allowing the said employee to open one bank account (F) in the name of the limited company E, and then issued a passbook, etc. as to the said account.

In addition, the Defendant and the Defendant’s bank using deceptive scheme from around the above day to May 25, 2016, as described in [Attachment 16-25] No. 16-25 of the List of Crimes.

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