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(영문) 광주지방법원 2020.08.28 2020고단2569
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

Since July 2019, the Defendant received a proposal from a person under whose name the name was known through a telegram to the effect that “to open an account by opening a company and setting up credit rating by setting up the trading performance on the face of the company,” and intended to open an account in the name of the company and to transfer the connected means of access. Accordingly, the Defendant issued documents necessary for the establishment registration of the company, such as a resident registration certificate, personal seal impression certificate, seal imprint certificate, and copy of identification card, etc., to the person under whose name the name was not known, and then intended to deliver the passbook, cash card, OTP card, password card, password, etc. connected to the account to the account to the person under whose name the Defendant was the representative, and to deliver them to the person under whose name the name was not known.

1. In the business of opening an account under the name of a corporation at a bank interfering with business affairs, 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 is an important matter of confirmation by the bank. In accordance with the comprehensive measures for eradicating the bank’s large passbook, which was implemented since October 2012, banks refuse to open the account where the purpose of which is unclear after explaining the illegality of transfer to the account opened to the account opened by the bank and demanding the confirmation document from the account opened

Nevertheless, around 11:00 on August 14, 2019, the Defendant visited the victim C Bank Branch in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and in fact, opened an account under the name of the aforementioned subsidiary corporation and intended to transfer the means of access connected thereto to the person under whose name the recipient was named. However, the Defendant prepared a written confirmation of financial transaction purpose as if it opened an account for business purposes of D that is normally run.

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