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(영문) 대구지방법원 서부지원 2018.05.14 2017고정265
건설산업기본법위반등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of soil construction business, etc., and Defendant A is the representative director of Defendant B.

1. Defendant A

A. The Defendant, who violated the Commercial Act, was the representative director of the Daegu-gun C building or B, and the company B, specializing in establishing a corporation, with the capital required for the registration of incorporation of the said company, and paid the share capital with the share capital, immediately after withdrawing the share capital and repaying the borrowed amount.

On March 31, 2015, the Defendant paid KRW 200,000,00, including KRW 140,000,000, borrowed from the said F at H Daecheon Branch in Daegu-gu, Daegu-gu, to the account in the name of the said F, and the said year.

4.1. Registration for incorporation of a legal entity on the same day after issuance of a certificate of deposit balance from the above bank on the same day and the same month.

7. After transferring the capital to the corporate account of the above company on the 21st day of the same month, a report on the diagnosis of financial management conditions necessary for the registration of construction business was prepared, and withdrawn 149,919,525 won on the 27th day of the following month, and made the best payment of capital by repaying 140,000,000 won to the above F.

B. On April 1, 2015, the Defendant: (a) had a registry official, who is unaware of the circumstances, submit a deposit balance certificate and related documents issued by the Certified Judicial ScrivenersJ through the Daegu District Court’s registry in Daegu-gu Dong-dong-ro 212 on April 1, 2015; (b) had the registry official enter the “20,000 shares” in the “total number of issued shares in the commercial electronic data processing system” column and “amount of capital” into the “total number of issued shares in the commercial data processing system; and (c) had the registry official complete the registration of incorporation of B, such as “20,000,000 won” in the “total number of issued shares in the commercial data processing system; and (d) had the said public official store and operate the commercial electronic data processing system that recorded the above facts.

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

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