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(영문) 서울중앙지방법원 2021.02.09 2020고단7828
업무방해등
Text

A defendant shall be punished by imprisonment for six 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

On April 20, 2020, the Defendant received a proposal from a person under whose name the Defendant came to know through Internet search, etc. to the effect that “after establishing a corporation and opening an account in the name of the corporation, opening the passbook, cash card, etc., and establishing a corporation falsely in order to obtain a loan, and opened a financial account in the name of the corporation, and read the access medium connected to the account in the name of the deceased.”

1. Where an account in the name of a juristic person is opened at a bank interfering with business affairs, the bank is liable for damages depending on whether the account is a normal juristic person, whether the purpose of opening the relevant account is not transfer, and whether the purpose of opening the relevant account is the actual purpose of opening the bank’s account. In accordance with the Financial Supervisory Service’s comprehensive measures for eradicating the passbook from November 201, 201, which was in force since the Financial Supervisory Service’s comprehensive measures for eradicating the passbook, the bank must explain to the customer the illegality of the transfer of the passbook (the card) and require the customer to confirm and sign the confirmation, and refuse to open the account where the purpose of opening the account is unclear.

Nevertheless, around June 19, 2020, the Defendant submitted documents necessary for opening an account, such as a business registration certificate of the said corporation, a certified copy of the corporate registry, etc., and filed an application for opening a financial account (C) in the name of the said corporation by pretending that the “limited company B” is a company normally operated at the Seoul metropolitan branch of the IBK Bank located in Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City. The facts are as follows: (a) even if the Defendant thought that the above-mentioned account was linked to the account, and that it was a deceptive scheme, such as the passbook, cash card, etc., that was opened for business purposes, by concealing such facts.

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