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(영문) 수원지방법원 안산지원 2018.05.15 2018고단129

물류시설의개발및운영에관한법률위반

Text

Defendant shall be punished by a fine of KRW 10 million.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative director of the Bank of Korea (hereinafter referred to as the "Corporation").

Where an enterprise located in a voice logistics complex intends to dispose of land, facilities, etc. sold in lots before completing the installation of support facilities, the enterprise shall transfer such land, facilities, etc. to the implementer or management agency (Korea Housing Corporation) and shall not transfer such land, facilities, etc. to a third party at its discretion.

Nevertheless, around September 25, 2014, the Defendant entered into a contract on the transfer of land in the voice distribution complex D located in Chungcheong-gun A located in the office of the above company located in Gangnam-gu Seoul Metropolitan Government, Seoul, with the purchase price of three billion won to Seongbuk-do, a third party, without transferring the land in the voice distribution complex located in Chungcheong-gun D, a management agency, to the Korea Land and Housing Corporation, and affixed the following seals.

9. Around 26.26. At will, at the same time, transferred ownership transfer registration to E.S. (State) by means of completing ownership transfer registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on a written accusation, written statement, contract of succession to rights and duties, trade contract, and certified copy of registry;

1. Article 65 subparagraph 7 of the Act on the Development and Operation of Logistics Facilities Options of Punishment and Articles 65 and 51 (1) of the same Act concerning facts constituting a crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to a request for adjudication on the unconstitutionality of Article 334(1) of the Criminal Procedure Act

1. Where a business entity or support agency intends to dispose of land, facilities, etc. sold in lots before the completion of the construction of a logistics complex, facility, or support facility, it shall transfer the land, facility, etc. to the operator or the management agency under Article 53 of the Development and Operation of Logistics Facilities Act;

Provided, That if a project operator or management agency is unable to purchase, it shall be transferred to another occupant enterprise, support institution, or any of the following persons selected by the project operator or management agency upon receipt of an application for purchase, as prescribed by Presidential Decree:

1. < Amended by Act No. 1032, May 17, 2010; Act No. 11583, Dec. 18, 2012>