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(영문) 서울남부지방법원 2018.02.14 2017고단4834
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the event that the bank account is used for a crime such as Bosing, etc., the bank can be liable for damages under the Electronic Financial Transactions Act depending on negligence, and the bank must carry out additional business such as suspension of payment of account and registration of account usage account. Thus, it is important to confirm whether the relevant corporation is a normal corporation in the business of opening the bank account and whether the relevant account is used for normal financial transaction purposes.

From October 2016 to November 11, 2016, the Defendant was free from opening only theme and account to prepare documents by checking the inside of the documents.

If documents on corporate registration and opening of accounts are prepared, contact will be made.

By opening a passbook in the name of a corporation, 1,50,000 won will be given in one month.

“In receipt of the proposal, the bank opened an account in the name of the legal entity by deceiving the bank and offered to receive an access medium such as the head of the Tong.”

Accordingly, around February 7, 2017, the Defendant: (a) received relevant documents, such as the company’s business registration certificate from a non-titled person and applied for the opening of a limited-liability company C’s account in the name of a limited-liability company as ordered by the non-named person; (b) filed an application for opening of a bank account in the name of the limited liability company; (c) if the Defendant opened a limited-liability company C’s account in the name of the limited liability company, he/she was a flexible corporation for opening a “large-type passbook” and the Defendant did not have the representative of the limited liability company C, despite the fact that the Defendant was not the representative of the limited liability company C, and the Defendant was a company normally operated by the limited liability company C and the Defendant was the representative of the above corporation, and the Defendant applied for the opening of a bank account in the name of the limited liability company by the most way it would be used for the purpose of normal financial transactions necessary for the operation of the company; and (d) the account number of the limited liability company C’s account.

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