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(영문) 대구지방법원 김천지원 2018.06.20 2018고단70

산업집적활성화및공장설립에관한법률위반

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd. in Gu, American City, and E is a corporation established for the manufacture, sale, etc. of system control equipment.

Where a resident enterprise intends to dispose of the industrial site or the portion of public land acquired before five years have passed from the date of acquisition by division of the industrial site or the portion of the public land, it shall transfer the relevant industrial site or the portion of the public land to the management agency.

However, on November 25, 2013, the Defendant did not transfer 1,753 square meters of the old-si D Factory site, which is an industrial area purchased at around November 25, 2013, to the Korea Industrial Complex Corporation, which is a management agency. On February 14, 2017, the Defendant sold the sale price of F in KRW 1,150,000,000 to F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (specific lot sale amount), investigation reports (Attachment to data on search of land use regulation information service), investigation reports (Attachment to a whole certificate of registered matters), investigation reports (Attachment to suspect telephone conversations and copy of contract for occupancy);

1. Article 52 (1) 2 and Article 39-2 (4) 1 of the Act on the Promotion of Industrial Cluster Development and Factory Establishment of Factories for facts constituting a crime;

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

1. It obtained approximately KRW 200,000 by selling approximately three years and four months after purchasing industrial sites for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

However, since the market price marginal profit was not purchased from the beginning, it was difficult to manage the company while it was actually engaged in the manufacturing business, and the maturity of bank loans came due to pressure on funds, taking into account the fact that the crime of this case was committed and that it was an initial crime without any criminal history.