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(영문) 서울남부지방법원 2019.09.25 2019고단2411
업무방해등
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

"2019 Highest 2411"

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.

On April 2018, the Defendant: (a) received a proposal from a person who assumes a false name as a loaner to the effect that “to establish a juristic person, manage it on behalf of us, and secure performance, to lend loans in the name of the juristic person”; and (b) accepted the proposal; (c) had the intent to open a corporate account in accordance with the instructions of the person who has not received the said name, and lend the means of access

Accordingly, the Defendant received documents necessary for the establishment of a corporation, such as a seal imprint, a resident registration certificate, etc., from a person who has not been registered in the name of Jung-gu Seoul Metropolitan Government, around 110, at the same place after several times, as well as documents necessary for the establishment of a corporation under the name of the corporation, such as the certified transcript of corporate register of B, a business registration certificate, and a certificate of seal imprint of the corporation from a person who

On April 19, 2018, the Defendant: (a) opened an account in the name of a legal entity and thought to lend the connected means of access to the account to the above person; (b) however, the Defendant pretended to have opened an account to be used for the purpose of goods transaction of “B of the said “stock company”, which is normally operated, to the employee in charge of opening the account, such as the business registration certificate.

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