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(영문) 전주지방법원 군산지원 2016.04.27 2015고정570

건설산업기본법위반

Text

Defendant

A A shall be punished by a fine of 3,000,000 won, Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the actual representative of the corporation B established for the purpose of taking CCTVs and taking smuggling tests in buildings E and commercial buildings in 201 in Gunsan-si, Gunsan-si.

Although a constructor who intends to obtain the appraisal and public announcement of the execution capacity provides that he shall faithfully submit the results of construction works in the previous year, the status of holding technicians, financial status, etc. to the Minister of Construction and Transportation in accordance with Ordinance of Ministry of Land, Transport and Maritime Affairs, he was able to submit a false increase in the capital on the financial statements as the annual balance

A. On December 31, 2012, the Defendant completed the process of temporarily lending KRW 170 million from the Defendant’s wife F to the new bank account (G) in the name of the limited liability company B (G) for about two months on December 31, 2012, by submitting a false financial statement to the North-do Council prior to the Special Construction Association prior to April 2013, 2013, along with the verification of the financial statements of the limited liability company B, as if there was KRW 170,000,000,000 in company B.

B. On June 28, 2013, the Defendant: (a) temporarily lent KRW 1,90,000 from H companies that it separately operated to deposit KRW 1,90,000 in one bank account (I) in the name of the limited company B; (b) on June 30, 2013, the Defendant submitted a false financial statement to the North Do Council prior to the Specialized Construction Association of Korea on April 2014, along with a false financial statement confirmation of the limited company B, as if there was KRW 190,000,000 in the instant case of the limited company B.

(c)

On June 30, 2014, the Defendant, at around three months, temporarily lent KRW 200 million to the new bank account (J) under the name of the limited liability company B, submitted to the North Korean Specialized Construction Association Association (Seoul Specialized Construction Association) on April 30, 2015, as if there was KRW 200 million in wedding installment savings of the limited liability company B as of June 30, 2014.