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(영문) 인천지방법원 2018.05.10 2018고단1099
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On September 16, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on September 16, 2015 and completed the execution of the sentence on June 20, 2016.

[2] The Defendant, on November 2016, ordered a bank to open an account under the name of the legal entity and to pay a loan to the access media, such as passbook connected to the account.

After receipt of the proposal to the effect that the above lending system is "," the company's business registration certificate, all the registered matters, shareholders' list, and power of delegation of the old-age corporation, such as the BM, which was established by the above lending system, opened an account under the name of the corporation, and sold the access media such as the passbook connected to the account to the non-name-based criminal organization with " Bosping," "loan fraud," "illegal sports discussions," etc. and divided the sales price.

1. Where a bank interfering with its business opens an account in the name of a corporation, the bank is liable for damages under the Electronic Financial Transactions Act depending on whether the account is negligent if the account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation, etc. is an important matter in the bank’s business of opening the account. In accordance with the comprehensive plan for eradicating the presidential passbook in force since October 2012, the bank must explain to the customer the illegality of the transfer of the passbook and refuse to open the account where the purpose of opening the account is unclear, while explaining the illegality of the transfer of the passbook and allowing the customer to confirm and sign it.

Nevertheless, the defendant in collusion with the above-mentioned solicitation book for the non-name-free passbook, and the facts are merely the purpose of opening and transferring a passbook in the name of the above company without the intention to operate the BBM, but the victim citizen bank Lee Jong-ro, Yongsan-gu, Seoul around November 15, 2016, is transferred to the victim citizen bank, who is located in Yongsan-gu, Seoul Metropolitan Government.

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