logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.10.18 2017고단1011
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On May 2015, the Defendant accepted the offer that “The Defendant would offer money in KRW 300,000 per account by establishing a juristic person under the name of the juristic person and transferring a passbook connected to the account after opening the account in the name of the juristic person, and transferring the passbook, etc. connected to the account,” such as an electronic record, etc.

After May 19, 2015, the Defendant prepared a false application for establishment registration to a public official in charge of registration, and made the said public official enter false facts, such as the trade name, address of the head office, total amount of capital, etc., in the electronic records commercial registration book at the time of the above limited liability company B, which is a public official, into the electronic records commercial registration book at the time of the above public official, and believed it to be true, and had the said public official enter false facts, such as the trade name, address, and total amount of capital, etc., in the case of B, the head office, and the cash card, etc., which was opened and connected with the account, in the name of the juristic person, and did not intend to actually establish and operate the corporate office. However, even if the Defendant intended to transfer the passbook, cash card, etc., which was opened in the name of the juristic person after the registration of establishment of the juristic person, to the above public official, and exercised it at the time.

2. Where a bank interfering with its business opens a corporate name account, the bank shall be liable for damages under the Electronic Financial Transactions Act 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, etc. is an important matter in the bank’s business of opening the bank’s account, and as a result, the bank is unlawful in transferring the passbook to the customer in accordance with the comprehensive measures for eradicating the bank’s presidential passbook, which was implemented since October 2012, to eradicate the financial loss of the people.

arrow