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(영문) 수원지방법원 2019.02.14 2018고정1357

산업집적활성화및공장설립에관한법률위반

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

An occupant (a person who engages in a manufacturing business or other business by selling or leasing a knowledge industry center) or manager of a knowledge industry center shall not engage in activities to utilize a knowledge industry center for purposes other than those of facilities entitled to occupancy prescribed by the Industrial Cluster Development and Factory Establishment Act.

On August 22, 2017, the Defendant is a person who, from Nonparty B on September 1, 2017, leased lease deposit amounting to KRW 400,000,000 from September 1, 2017 to August 31, 2027, operated a cultural center, convention, industry exhibition, crowdfunding event, etc.

The above “C building”, upon obtaining approval from the head of Songpa-gu Seoul Metropolitan Government to establish a knowledge industry center on April 3, 2015, was designated as a “cultural and assembly facility” and was able to move into only designated facilities, such as theater, film theater, music hall, conference room, industrial exhibition hall, etc. However, the Defendant used the knowledge industry center for the purpose other than the facilities subject to occupancy by operating a wedding hall (a scale of approximately 1,820.27 square meters) with the trade name “E” on the first floor of the above “C building” from February 3, 2018 to June 26, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. G public official statement;

1. Investigation report (the receipt of the case and the currency of the person in charge of accusation with the person in charge of the receipt of the case), investigation report (the currency of the public official H in charge of the Songpa-gu Office), investigation report (the submission of materials by

1. A written accusation;

1. -Application of field photographs legislation

1. Article 53 subparagraph 3 of the relevant Act on the facts constituting an offense and Articles 28-7 (1) of the Industrial Cluster Development and Factory Establishment Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Enforcement Rule of the Industrial Cluster Development and Factory Establishment Act provides for facilities subject to occupancy in a knowledge industry center upon delegation by the upper law.