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(영문) 대구지방법원 서부지원 2017.09.27 2017고정262
건설산업기본법위반등
Text

Defendant

A 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

B The corporation is a corporation established for the purpose of landscaping planting business, etc., and the defendant A is the representative director of the above B corporation.

1. Defendant A

A. The Defendant in violation of the Commercial Act, as the representative director of the Company B, located in the Daegu-gun D Co., Ltd. 101, decided to conclude the payment of the said Company’s share capital by obtaining a temporary loan of KRW 140,000,000 from a financial institution, which is necessary for the registration of the establishment of the said Company, and paying the share capital, after paying the share capital, from the financial institution.

On August 3, 2015, the Defendant deposited KRW 205,000,000, including KRW 140,000,000 loaned from a company bank at the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the branch of the office of the office of the office of the office of the branch of the office of the office of the branch of the office of the

4. The registration of incorporation of a corporation and the 11th of the same month of the transfer of the capital to the corporate account of the above company, and the same year;

3. The 10th of the same month following the preparation of a report on the diagnosis of financial management conditions necessary for registration of construction business, which would make the payment of capital by withdrawing KRW 120,000 from the share capital paid temporarily as above and repaying the loan.

B. On August 4, 2015, the Defendant, at the Daegu District Court’s registry office located in Daegu-gu, Dong-dong, Daegu-gu, Dong-gu, 212, had a registry official, who is not aware of such circumstances, submit a certificate of deposit balance and relevant documents in disguised payment of share capital, and had the registry official enter “20,500 shares” in the column for total number of issued shares in the commercial information processing system, and “amount of capital” into the column for “the total number of issued shares in the commercial information processing system,” thereby having the registry official complete the registration of incorporation of B corporation, including “205,00,000 won.”

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