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(영문) 대전지방법원 2018.01.29 2017고단4612

물류시설의개발및운영에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

If a resident enterprise or support institution intends to dispose of land, facilities, etc. sold in lots before completing the construction of a logistics complex or support facility, it shall transfer the land, facilities, etc. to the implementer or the management agency pursuant to Article 53.

On September 30, 2014, the Defendant sold and disposed of KRW 220,00,000 to D on September 27, 2016, without entering into the commencement of the construction of logistics complex facilities or support facilities, the land in Daejeon-gu Daejeon-gu Seoul Special Metropolitan City was sold to D for sale at KRW 146,803,50,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation;

1. As a result of the review conducted following the submission of the management report of the Daejeon World Logistics Complex B during the 17th quarter, the notification of the results of the review related to the operation of the logistics complex, the public announcement of the supply of contracts to the number of detached houses site B, the public announcement of the supply of contracts to the number of detached houses site B, the written contract for site sale, the statement of intention to purchase the land, the written business plan,

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. Although the nature of the crime is not good in that a person resells land in violation of the laws and regulations relating to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, thereby enjoying profits from resale of KRW 70 million, it is not good for the criminal court to determine the punishment as ordered by the order, taking into account the following factors: (a) there is no special conviction other than fines twice; and (b) there is no other special conviction other than the defendant’s age, sex, environment, and circumstances leading to the crime.