Defendant

( Note)B purchased from the Korea Industrial Complex Corporation on January 28, 2015 D located in 1,280,780,200, an industrial site located in the Dosan National Industrial Complex and owned it in the name of Defendant B. A.

Defendant

Where an occupant enterprise holding an industrial site, such as A, intends to dispose of an industrial site sold in lots before reporting on the completion of a factory establishment, etc., it shall transfer it to

Nevertheless, around July 23, 2015, the Defendant received KRW 4,150,400,000 from the (ju) Dong and received KRW 4,150,400,00 from the (ju) Dong and disposed of the industrial site at will without transferring it to the management agency before reporting the completion of the establishment.

B. On the date and time as set forth in paragraph (1), Defendant B, the representative director of the Defendant, committed the above violation in relation to the Defendant’s business.

2. Determination

A. The principle of no punishment without law requires that a crime and punishment shall be determined by law in order to protect individual freedom and rights from arbitrary exercise of the state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal law in the direction unfavorable to the defendant as it is against the principle of no punishment without law.

(see, e.g., Supreme Court Decision 2012Do4230, Nov. 28, 2013). (B)

(1) As to the facts charged in the instant case where Defendant E sells 8,123 square meters (hereinafter “instant land”) located in the following city, the following facts are sold without reporting on the completion of the establishment of a factory by Defendant E, the prosecutor shall be the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).