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(영문) 대구지방법원 서부지원 2017.11.03 2017고정259
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 construction business and civil engineering construction business, and the defendant A is also the promoters and substantial representatives of the above B Co., Ltd.

1. Defendant A

A. The Defendant in violation of the Commercial Act, as promoters of B Co., Ltd. in Daegu-gun C, had paid the capital required for the registration of incorporation of the said corporation by borrowing or lending from another person, and had paid the share capital with the loan, and had the intent to pretend the payment of the share capital of the said company by withdrawing it and repaying it

On December 17, 2014, the Defendant deposited KRW 70,000,000, including KRW 85,000,000, borrowed from Defendant’s birth D at a 70,000,000 in the name of Defendant’s wife in the above E account under the name of Defendant’s wife, and paid the amount of KRW 85,00,000 in the above E account on December 17, 2014, upon receipt of a deposit balance certificate from the above bank on the 18th of the same month, issued a corporation registration with the above bank on the issuance of the deposit balance certificate. On January 22, 205, the Defendant, on January 26, 2015, prepared a financial status diagnosis report on the above company’s financial management on the said company’s account, completed the registration of the said company’s construction business on January 26, 207, withdrawn KRW 136,000,000, and repaid the above borrowed and loan.

B. On December 18, 2014, the Defendant had a registered public official, via a certified judicial scrivener F in Daegu-dong District Court, Daegu-gu, Daegu-dong, Daegu-dong, submit a certificate of deposit balance and relevant documents issued by pretending the payment of share capital, and had the registered official enter “20,500 shares” in the “total number of issued shares” column of the commercial electronic data processing system and “amount of capital” into the “total number of issued shares” column of the commercial data processing system, thereby having the registered official complete the registration of incorporation of B corporation, including “205,00,000 won.”

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