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(영문) 대구지방법원 서부지원 2017.08.24 2017고정264
건설산업기본법위반등
Text

Defendant

A shall be punished by a fine of KRW 3,000,000,000, by a fine of KRW 1,500,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B The corporation is a corporation established for the purpose of landscaping planting business, and the defendant A is the actual representative of the interest of the promoters of B corporation.

1. Defendant A

A. The Defendant in violation of the Commercial Act was a promoter of the 205,000,000 capital necessary for the registration of incorporation of the 200,000 won of the 200,000 capital necessary for the registration of incorporation of the 205,00,000 won of the 205,000 won of the above 20,000 capital, and was willing to urge the payment

On February 17, 2016, the Defendant deposited KRW 205,000,000, including KRW 129,000,000, which was borrowed from D at a school branch in Daegu Northern-gu, Daegu-gu, Inc., in the name of shares payment, into the agricultural cooperative account in the name of E, the representative director of the said company, under the name of shares payment; issued a certificate of deposit of KRW 205,00,000 from the said agricultural cooperative; completed the registration of incorporation; and transferred its capital to the corporate account on February 22, 2016 of the said year;

3. 9. Preparation of a report on the diagnosis of financial management conditions necessary for the registration of construction business: The same year;

4. Around 18.19: (a) withdrawn KRW 145,000,000, and repaid KRW 129,000 to D; and (b) paid KRW 16,00,000 as the Defendant’s personal business fund, the payment of capital was the most advanced by using the Defendant’s personal business fund.

B. On February 17, 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 had a registered public official, who is unaware of the circumstances, submit a certificate of deposit balance and related documents issued in pretending the payment of share capital; and (b) had the person enter “20,500 shares” in the total number of outstanding shares issued in the commercial registration electronic data processing system, and “amount of capital” column into the “total number of issued shares” column of the commercial registration electronic data processing system; and (c) had him/her complete registration of incorporation of B corporation, including “205,00,000 won” in the “amount of capital stock” column; and (d) recorded the above facts.

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