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(영문) 대구지방법원 서부지원 2017.09.20 2017고정329
건설산업기본법위반등
Text

Defendant

A shall be punished by a fine of two million won, and the defendant B shall be punished by a fine of one million won.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of the soil construction business and the facility maintenance and management business, and the defendant A is the above corporation's auditor and the actual representative.

1. Defendant A

A. The Defendant, who violated the Commercial Act, was the de facto representative of the auditor B of the company in Daegu-gun D, who received the capital required for the registration of incorporation of the said company from the financial institution and paid the capital to the financial institution, and then, was willing to make the payment of the said company’s share capital by withdrawing it and repaying the loan immediately.

On January 7, 2016, the Defendant deposited KRW 305,00,000, including KRW 270,000,000, which was loaned from financial institutions at the Daegu Northern District Branch in Daegu, Daegu, Daegu, 2016, into the agricultural cooperative under the name of the Defendant for share payment, issued a certificate of balance of deposit from the said agricultural cooperative on the same day, and transferred the said capital to the said cooperative’s account on the same day, and made a report on the financial management status necessary for the registration of construction business on January 29, 2016, and made up the said report four times from January 29, 2016 to February 2, 2016, the Defendant pretended to pay the capital by withdrawing KRW 204,00,000,000.

B. On January 7, 2016, the Defendant had a registry official, via a certified judicial scrivener E in Daegu District Court’s registry office located in Daegu Dong-gu, Daegu District Court’s 212, where he/she had a registry official, submit a deposit balance certificate and related documents that he/she was issued by pretending the payment of share capital, and had the registry official enter “30,500 shares” in the column for the total number of issued shares in the commercial electronic data processing system, and “amount of capital” in the column for “the total number of issued shares in the commercial data processing system” into “305,000,000 won” and “amount of capital” in the “amount of 305,00,000 won,” and stored and stored the commercial electronic data processing system.

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