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(영문) 대구지방법원 서부지원 2018.01.09 2017고정253
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 civil engineering work business, steel bars and concrete construction business, and the defendant A is the actual representative of inside director of the B Co., Ltd.

1. Defendant A

A. The Defendant, who violated the Commercial Act, was a director of the company B in Gyeong-gun E and 2 in Gyeongbuk-gun, and was willing to make the payment of the company’s share capital by temporarily borrowing KRW 290,000,000 from F, which is 305,00,000,000, which is necessary for the registration of incorporation of the said company, and then repaying the borrowed money.

On March 6, 2015, the Defendant deposited KRW 305,000,000, including KRW 290,000,000, borrowed from F at the Nonghyup Bank located in Daegu Northern-gu Eup/Myeon, in the account under the name of the representative director of the said company, in the name of share payment, and received a certificate of deposit balance of KRW 305,00,000 from said Nonghyup Bank, and then received the certificate of deposit balance of KRW 305,00,00 from said Nonghyup Bank.

9. The same year after registering the incorporation of a corporation, and transferring the capital thereof to the head of the relevant corporation on or around the 11th of the same month;

4. 10. Preparation of a diagnosis report on financial management status necessary for the registration of construction business, and on the 21st of the same month, withdrawal of 204,00,000 won paid temporarily as above, and the payment of capital was pretended to be made to the above F.

B. On March 9, 2015, the Defendant: (a) had a registry official, who is aware of the fact through a certified judicial scrivener H, submit a deposit balance certificate and relevant documents to the registry office located in the 256 Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, which was located in the 256 Sung-gun, enter the registered official into the total number of outstanding shares in the commercial electronic data processing system “30,500 shares”; and (b) had the registered official complete the registration of incorporation of B corporation, such as the entry “305,000,000 won” in the “amount of capital stock” column; and (c) as above, had the registered official submit the aforementioned documents

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