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(영문) 대구지방법원 서부지원 2018.04.03 2017고정250
건설산업기본법위반등
Text

Defendant

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

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of maintaining and managing facilities, and the defendant A is the representative director of the corporation B.

1. Defendant A

A. The Defendant violated the Commercial Act, as the representative director of Company B located in Seogu-gu, Daegu-gu, he temporarily borrowed KRW 100,000,000, out of the capital required for the registration of the establishment of the said Corporation, from credit service provider F to pay for the share capital, and was willing to urge the payment of the share capital of the said Company by way of repaying the borrowed money.

On May 26, 2016, the Defendant deposited KRW 305,000,000, including KRW 100,000,000, which was temporarily borrowed from F at 4,4,000, Daegu Livestock Cooperative, Daegu-dong, Daegu-dong, Daegu-dong, Seoul-dong-dong, in the account of the Agricultural Cooperative under the name of the Defendant for share payment, and received a certificate of deposit of KRW 305,00,000 from the said Agricultural Cooperative, and then registered the incorporation of the legal entity on the 27th of the same month, and the same year.

6.2. After transferring the capital to the corporate account of the pertinent company, the same year;

6. 20. Preparation of a report on the diagnosis of financial management conditions necessary for the registration of construction business, and the same year;

7. The withdrawal of KRW 100,000,000 shall be made for the personal business fund of the accused and used for the same month; and

6. The aforementioned temporary paid-in capital was the most advanced payment by withdrawing KRW 100,000,000 and repaying it to the said F.

B. On May 27, 2016, the Defendant: (a) at the Daegu District Court’s registry office located in Dong-gu, Daegu District Court’s 212, Dong-gu, Daegu District Court’s 212, the Defendant, via a certified judicial scrivener G on May 27, 2016, submitted the deposit balance certificate and relevant documents issued in disguise of payment of the share capital; and (b) had a registry official enter “30,500 shares” in the “total number of issued shares” column of the commercial electronic data processing system; and (c) had a registry official enter “305,00,000 won” in the “amount of capital stock” column.

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