산업집적활성화및공장설립에관한법률위반
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles did not know the existence of the Industrial Cluster Development and Factory Establishment Act, and did not know that the industrial site should not be sold to any person other than the management agency before five years elapse from the divided date as provided in Article 39-2 (4) 1 of the Industrial Cluster Development and Factory Establishment Act, and even though the competent authority did not explain the grounds for such restrictions on disposal, the court below found the defendant guilty of the facts charged in this case, misunderstanding of facts and misunderstanding of legal principles.
B. The lower court’s sentence of unreasonable sentencing (the suspension of execution of a fine of KRW 3,00,000) is too unreasonable.
2. Determination
A. 1) Determination of mistake of facts and misapprehension of the legal principles regarding the assertion of mistake of facts is not a simple case of the site of law, but a case where punishment is not imposed under Article 16 of the Criminal Act is not a simple case of the site of law, and it is the purport that punishment shall not be imposed in a case where there is a justifiable reason in recognizing the misunderstanding of facts that it does not constitute a crime permitted under the Acts and subordinate statutes in one’s own special circumstances (see, e.g., Supreme Court Decision 91Do1566, Oct. 11, 191). 2) Defendant A, in disposing of the industrial site of this case, was unaware of the fact that it is subject to the restriction on restriction on disposition under the Industrial Cluster Development and Factory Establishment Act in selling the industrial site of this case. This is not a case where the assertion itself itself itself proves that it does not
In addition, Defendant A sold an industrial site divided as stated in the facts constituting an offense to the general public without making all efforts to review laws and regulations or seek advice from experts in the course of disposing of land. Defendant A sold the industrial site to the general public.