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(영문) 서울남부지방법원 2020.04.09 2019고단5774
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Basic Facts] On December 2018, 2018, the Defendant received a proposal to the effect that “where one account is lent, five million won shall be paid.” The Defendant had been willing to lend the means of access to an existing account under the name of “stock company B” that was a corporation established in the past and a new account opened in the same name.

【Criminal Facts】

1. In the business of opening an account under the name of a corporation at a bank interference with business, the bank must be liable for damages depending on whether the relevant account is negligent when it is used for a financial crime, etc. Therefore, whether the relevant corporation is a normal corporation or not is an important matter of confirmation by the bank. In accordance with the comprehensive measures for eradicating the bank passbook in force since October 2012 in order to eradicate the bank passbook, banks are refusing to open the account where the purpose of the bank is unclear after explaining to the customer the illegality of the transfer of the passbook and demanding the customer to confirm the purpose of the financial transaction.

Nevertheless, on January 28, 2019, the Defendant visited the error point of the victim bank in Guro-gu Seoul Metropolitan Government, and actually, opened a bank account in the name of "B" (E) by submitting a false statement to the effect that: (a) it was merely thought that the Defendant had lent the means of access connected thereto to the above person; (b) however, the Defendant would have opened the bank account in the name of "B" in the name of "B" as if the account was opened for the business purpose of "B" that is normally operated as if it was opened for the business purpose of "the employee in charge of opening the bank."

Accordingly, the defendant interfered with the opening of the account of the victim by fraudulent means.

2. Violation of the Electronic Financial Transactions Act;

A. The Defendant committing a crime of lending the FF Bank’s account is Seoul around December 2018.

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