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(영문) 서울중앙지방법원 2017.01.11 2016고단4301

중소기업제품구매촉진및판로지원에관한법률위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of B Co., Ltd. (hereinafter referred to as “B”) in Jung-gu, Seoul, and Defendant B is a corporation established for the purpose of planning, building, and maintaining and repairing the information system.

1. On March 26, 2014, Defendant A applied for a written confirmation from the above B office to the head of the small and medium enterprise headquarters to the effect that the above B constitutes the small, medium, and small, medium, and small, medium, and small, medium, and medium, Defendant A prepared and submitted a written diagnosis (hereinafter “the instant self-check”).

As to whether Article 9-3 of the Enforcement Decree of the Act on Promotion of the Purchase of Products of Small and Medium Enterprises and Assistance to the Market for Small and Medium Enterprises is applicable to the contents of the medical certificate by the above person, the defendant 2. D.

A case where a person who falls under Article 3-2 (1) 1 (a) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises (referring to a shareholder who owns at least 10/100 of the total number of outstanding voting stocks on his/her own account, on his/her own account, and exercises de facto control over major matters concerning the management of the relevant small and medium enterprise, such as appointment and dismissal of executives) is appointed or dismissed as a representative director of a small and medium enterprise, or appoints or is capable of appointing at least 50/100 of executives under a contract or agreement with other major shareholders of the small and medium enterprise; and

In the corresponding column of the item “X”, both marks “X”.

However, Article 9-3 of the Enforcement Decree of the Act on Promotion of Purchase and Sales of Small and Medium Enterprise Products is stipulated in relation to F Co., Ltd. [B shares 88,200 shares (49%) and G [B shares 32,400 shares (18%) and F Co., Ltd. [the shares of F Co., Ltd. holding 32,40 shares (18%).