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(영문) 대구지방법원 서부지원 2017.11.03 2017고정258
건설산업기본법위반등
Text

Defendant

A shall be punished by fine for negligence of KRW 2,000,000, and by fine of KRW 1,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of landscaping planting business, etc., and Defendant A is a director of the above B Co., Ltd.

1. Defendant A

A. The Defendant violated the Commercial Act: (a) temporarily borrowed capital of KRW 305,00,00 from D, which is necessary for the registration of the establishment of the said company, as a intra-company director of the said company, 101, Daegu-gun C Commercial Building Co., Ltd. (101), and subsequently, (b) paid the share capital, and (c) withdrawn it and repaid the borrowed money.

On September 9, 2015, the Defendant deposited 305,000,000 won borrowed from D at the Doldong-gu, Daegu District Court from Doldong-gu, Daegu District Court from D in the account in the name of the Defendant, issued a certificate of deposit balance in the account, and had the said Doldong account registered as a juristic person E on the 10th of the same month, and transferred the said capital to the account of the said juristic person on the 16th of the same month, and then, on October 2 of the same year, prepared a written diagnosis of financial management status necessary for the registration of construction business, withdrawn the amount of KRW 20,000,000 on the 20th of the same month, and pretended the payment of capital by paying it to the said D.

B. On September 10, 2015, the Defendant, at the Daegu District Court’s registry office located in Daegu Dong-gu, Daegu-gu, Dong-gu, 212, had a registered official who is unaware of the circumstances submit a certificate of balance and related documents issued by pretending the payment of share capital through a certified judicial scrivener E, and had the registered official enter the “30,500 shares” in the “total number of issued shares” column of the commercial electronic data processing system, and “amount of capital” into the “total number of issued shares” column of the commercial data processing system, and had the registered official complete the registration of incorporation of B corporation, such as “305,000,000 won”, and stored and operated the commercial electronic data processing system, which is the said public record.

Accordingly, the defendant would be able to handle the above affairs.

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