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(영문) 대구지방법원 서부지원 2017.09.29 2017고정331
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 construction business, soil construction business, etc., and Defendant A is the representative director of the above Co., Ltd.

1. Defendant A

A. The Defendant in violation of the Commercial Act, as the representative director of a stock company B located in Daegu-gu, Daegu-gu, the Defendant received the capital required for the registration of incorporation of the said company from a financial institution and paid the share price to the financial institution, and immediately withdrawn the share price and paid the loan.

On August 31, 2016, the Defendant deposited KRW 200,000,000, which was loaned from financial institutions at a branch office in the territory of the Daegu AFF branch in the Dong-gu, Daegu merchant, under the name of the Defendant, into the Agricultural Cooperative under the name of the Defendant for share payment, issued a certificate of deposit balance of KRW 200,00,000 from the said Agricultural Cooperative, and completed the registration of incorporation on September 1, 2016, and the same month.

8. After transferring the capital to the corporate account of the company, a report on the diagnosis of financial management status necessary for the registration of construction business was prepared on the 22th of the same month, and then withdrawn the amount of 145,000,000 won on the 23th of the same month and made the best payment of capital by repaying the loan.

B. On September 1, 2016, the Defendant had a registered official, via a certified judicial scrivener E in Daegu District Court’s registry, Daegu Dong-gu, Daegu District Court, 212, enter the deposit balance certificate and relevant documents into the “total number of issued stocks” column of the commercial electronic data processing system, “200,000 won” in the “total number of issued stocks” column of the commercial electronic data processing system, and “amount of capital” into the “total amount of 200,000,000 won,” and had the registered official complete the registration of incorporation of the said corporation B, and stored and operated the commercial electronic data processing system that recorded the above fraudulent facts.

Accordingly, the defendant is responsible for performing the above affairs.

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