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(영문) 수원지방법원 평택지원 2018.07.18 2017고단1888
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Where an account under the name of a corporation is opened in a bank interfering with business affairs, documents evidencing the applicant’s identity is an important document that determines whether to open an account, and where the relevant account is used for a crime of Bosing, singing, etc., the bank is liable to compensate for damage under the Electronic Financial Transactions Act depending on whether the relevant corporation is a normal corporation, whether the applicant for opening an account is delegated with the authority of the representative of the relevant corporation to open an account, etc., and is an important confirmation in the bank’s business affairs.

A. On June 10, 2013, the Defendant: (a) received a proposal from “B” to offer money in the name of a juristic person; (b) submitted the registration certificate for a limited company C, a certificate of corporate seal impression, a certificate of delegation (the fact that the Defendant’s division manager of the limited company C has the authority to open the account of the limited company C) and a certificate of all the registered matters, etc., to the employees of the post office; (c) opened the post office account in the name of the limited company C (Account number: D) by preparing an application for opening the account and sealing the corporate seal; and (d) received a passbook, an entry card, and a security card connected to the said account.

B. On June 11, 2013, the Defendant submitted to the employees of the post office the F Bank’s business registration certificate, corporate seal certificates, power of attorney (the content that the Defendant, as the manager A of the limited company C, has the authority to open a corporate account of the limited company C), all registered certificates, etc. at the F Bank’s Cheongju Terminal located in Yeong-gu, Seo-gu, Seo-gu, Seoul, to submit an application for opening an account, etc. and to affix the corporate seal impression to the employees of the post office, and to the F Bank’s account in the name of the limited company C (Account number:

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