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(영문) 전주지방법원 군산지원 2016.05.18 2016고정92

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 the actual representative of Limited Company B established for the purpose of the steel bars and concrete construction business 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. On December 31, 2012, the Defendant: (a) filed a false financial statement by temporarily depositing KRW 210,000,000 in the Agricultural Cooperative (G) account in the name of the limited company B, temporarily borrowing KRW 180,000,000 and KRW 30,000,000, which was borrowed from the M&C account in the name of the principal; and (b) filed a false financial statement by submitting to the North-do Council of the Special Construction Association of Korea on April 2013, 2012, as if there were KRW 350,316,933 of the common deposit account of the limited company B as of December 31, 2012.

B. On December 31, 2013, the Defendant submitted 412,00,000 won, including KRW 290,000,000 and KRW 122,00,000,000, which was borrowed from the account of the Agricultural Cooperative under his/her name, to the foreign exchange bank account (I) in the name of the limited company B temporarily with limited liability, as if there were KRW 425,891,233 of the common deposit of the limited company B as of December 31, 2013, by submitting a false financial statements of the limited company B with the financial statements of the limited company B, which was written falsely as if there were KRW 425,891,233, as of April 2014.

(c)

around June 30, 2014, the Defendant: (a) deposited KRW 395,320,000 temporarily in the Agricultural Cooperative (G) accounts in the name of the limited company B, in the aggregate of KRW 305,320,000 from Defendant’s personal funds of KRW 305,00,000 and KRW 90,320,000,000, in the name of Defendant F; (b) around June 30, 2014; and (c) deposited KRW 453,866.