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(영문) 전주지방법원 군산지원 2016.04.27 2015고정600

건설산업기본법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1) Defendant A is a person who is a representative director of limited company B established for the purpose of the soil construction business, etc. located in E in the following cities:

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. At around November 30, 2012, the Defendant: (a) received a loan from Defendant F’s Mypbook account; (b) KRW 95,00,000,000 from Defendant’s Mypbook account; (c) received a loan from 10,000,000; and (d) KRW 30,00,000 temporarily borrowed from Defendant P or G to the Agricultural Cooperative (H) account in the name of LLC; and (d) submitted a false financial status by temporarily depositing KRW 30,00,000 borrowed from Defendant P or G in the name of LLC; and (e) submitting a false financial statement to the Plaintiff on April 3, 2013, along with confirmation of the financial statements of LLC of the limited company B, prepared as if there were KRW 139,130,328 as of December 31, 2012.

B. On December 30, 2013, the Defendant: (a) received 69,240,000 won from the Defendant’s branch account; (b) received 88,00,000,000 won from the Defendant’s bank account in his name; and (c) submitted false financial status by temporarily depositing KRW 26,00,000 from the Defendant’s bank account in the name of the Defendant in the name of the Agricultural Cooperative (H) under the name of the Defendant; (b) as of December 31, 2013, as if there were 273,567,693 won in cash and cash, etc. of the limited company B; and (c) submitted false financial status to the North Do Council prior to the Korea Special Construction Association around April 2014.

(c)

On November 26, 2014, the Defendant completed the completion by temporarily depositing KRW 170,00,000 in the Agricultural Cooperative Account under the name of a limited liability company B (H), out of the amount borrowed to Ma-dong I, in cash of the limited liability company B as of December 31, 2014.