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(영문) 춘천지방법원 강릉지원 2016.02.17 2015고정410
건설산업기본법위반등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. A;

A. The Defendant, as the representative director of the construction company B in the East Sea, was in violation of the Commercial Act, who received the capital required for the registration of incorporation of the said company from the financial institution and paid the share price to the financial institution, and promptly withdrawn it and repaid the loan.

On August 6, 2013, the defendant paid KRW 200,000,00 which he/she received from an implied family branch of the Nonghyup Bank in Dong-si and from a financial institution under the name of the defendant and then paid the same month.

7. Upon receipt of a certificate of deposit balance from the above bank, the corporation was incorporated and registered on the same day. On the 14th day of the same month, the company transferred the capital from the defendant's individual passbook to the head of the above company. After preparing a diagnosis report on the financial management status necessary for registration of construction business on the 28th day of the same month, the company pretended to make payment of capital by withdrawing KRW 133,000,000 on the same day.

B. On August 7, 2013, the Defendant: (a) filed an application for the registration of the establishment of the said construction company with the Chuncheon District Court registry located on the coast of 217, Dong-gu, Dong-gu, Dong-gu, 2013; (b) had a registered public official who is unaware of the circumstances submit a certificate of the custody of shares payment issued by pretending the payment of shares and relevant documents, and had him enter “2,00,000,000 won” in the total amount of capital in the commercial electronic data processing system; and (c) had him/her complete the registration of the establishment of the construction company B; and (d) had him/her store and operate the said electronic data processing system, which is the said public electronic records, with the aforementioned fraudulent record recorded.

Accordingly, the Defendant made a false report to a public official to enter false facts in the commercial electronic records computerized information system, which is an official electronic records, for the purpose of handling administrative affairs as above.

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