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(영문) 대구지방법원 서부지원 2017.11.03 2017고정260
건설산업기본법위반등
Text

Defendant

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

Defendant

A above.

Reasons

Punishment of the crime

Defendant

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

1. Defendant A

A. The Defendant in violation of the Commercial Act, as promoters of B Co., Ltd. in the Daegu-gun C1, borrowed the capital required for the registration of incorporation of the said company and paid the share capital as shares, and immediately withdrawn it and used it for personal purposes.

On April 7, 2016, the Defendant deposited KRW 220,00,000,000, including KRW 120,000,000, which was loaned in the name of ZD at a school branch in Daegu Northern-gu, Daegu-gu, Seoul-do, and issued a deposit balance certificate from the said bank to the Agricultural Cooperative under the name of the Defendant, and then transferred KRW 150,000,000, out of the capital to the Agricultural Cooperative of the said company around August of the same month. On May 3, 2016, the Defendant prepared a report on the diagnosis of financial management status necessary for registration of construction business, and then withdrawn KRW 150,00,000 on May 16, 201, and then used it as the shares for the establishment of another corporation under the name of another corporation under the Defendant’s management.

B. On April 8, 2016, the Defendant had a registry official, who is unaware of the circumstances, submit a deposit balance certificate and related documents issued by pretending the payment of share capital through a certified judicial scrivener F at the Daegu-dong District Court’s registry office located in Daegu-dong, Daegu-gu, Dong-gu, 212, enter “20,500 shares” into the “total number of issued shares” column of the commercial information processing system, and “the amount of capital” column into the “total number of issued shares” column of the commercial information processing system, and made the registry official enter “205,00,000 won” into the “total number of issued shares” column of the commercial information processing system, and stored and operated the commercial information system that recorded the above fraudulent facts.

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