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(영문) 의정부지방법원 고양지원 2018.02.09 2017고단3873
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant had a certificate of personal seal impression prepared in advance by the winners of a certain corporation and other necessary documents to apply for the opening of a bank account of the specific corporation, and had visited the bank at issue, and prepared a false certificate of purpose of financial transaction introduced to prevent the opening of a one-person passbook at issue, and conspired to open an account under the name of the juristic person by submitting it to the bank as if it were true, and deliver it to the above person under the name of the bank upon receipt of such certificate of personal seal impression and access media.

On November 28, 2016, the Defendant conspired with a person in unsound name, and received a copy of the corporate registry, certificate of seal impression, and document bags containing proxy form from a person in unsound name from a third party (hereinafter “victim bank”), and falsely reply to the purport that the Defendant was not requested to open a bank account under the name of the said corporation for the purpose of lending, etc. and was not employed temporarily for opening the bank account, and that the Defendant was requested to open the bank account under the name of the said corporation by making a false reply to the effect that the Defendant was not requested to open the bank account for the purpose of lending, etc. and was not employed temporarily for the purpose of opening the bank account. Upon applying for opening the bank account under the name of the person in unsound name of the said corporation, the Defendant received a request from a third party for the purpose of raising the credit rating, etc. in order to prevent liability for damages under the Electronic Financial Transactions Act from being incurred by the bank.

The question of “a corporation’s temporary employment or promise of employment” and whether the bank has been entrusted with matters such as opening of an account, etc.

It is clear that the phrase “not to answer” explicitly states a false content and that it is possible to do so.

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