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(영문) 전주지방법원 군산지원 2016.04.19 2015고정453
건설산업기본법위반
Text

Defendant

A A shall be punished by a fine of KRW 3,000,000, and by a fine of KRW 1,000,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative director of a limited company B with the objective of the soil construction business and steel reinforced concrete construction business located in E in the following cities:

A constructor who intends to obtain evaluation and public announcement of the execution capacity shall not prepare and submit any false financial status, etc. to the Minister of Construction and Transportation in the previous year as prescribed by Ordinance of Ministry of Construction and Transportation of the National Land.

Although a constructor who intends to obtain the appraisal and public announcement of the execution capacity provides that he shall faithfully submit the results of construction works in the previous year, the status of holding technicians, financial status, etc. to the Minister of Construction and Transportation in accordance with Ordinance of Ministry of Land, Transport and Maritime Affairs, he was able to submit a false increase in the capital on the financial statements as the annual balance

A. On November 30, 2012, the Defendant: (a) temporarily lent KRW 340,000,000, including Defendant’s personal funds of KRW 190,000,000,000 to husband F on the same day; and (b) deposited KRW 150,000,000 in the Suhyup Bank Account (G) of Limited Company B, for about two months; and (c) completed on December 3, 2012.

1. At present, as if there were KRW 307,543,462, the company B made a false statement as if there were three hundred and forty-seven,543,462 won, submitting a false financial statement to the North-do Council of the Korea Specialized Construction Association on April 2013, along with the confirmation of the financial statements of the limited company B.

B. On December 31, 2013, the Defendant: (a) deposited KRW 249,000,000 with Defendant’s personal funds temporarily lent KRW 249,000 for 18 days; (b) on December 31, 2013, the Defendant, as if there were KRW 249,000,000 in the instant consignment account in the name of the limited company B; (c) submitted a false financial statement to the North-do Council prior to the Korea Specialized Construction Association on April 2014, by submitting a false financial statement to the Korea Specialized Construction Association.

(c)

On December 30, 2014, the Defendant’s personal capital of KRW 428,520,000 for approximately two months.

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