beta
(영문) 대전지방법원 2021.01.29 2020고단4767

물류시설의개발및운영에관한법률위반

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a resident enterprise or support institution intends to dispose of land, facilities, etc. sold in lots before completing the construction of a logistics complex, complex or support facility, it shall transfer it to the implementer or the management agency prescribed by Presidential Decree.

On June 9, 2016, the Defendant entered into a contract with Daejeon Urban Corporation to sell the land of Dong-gu, Daejeon (250.8 square meters) in lots at KRW 128,158,800, and obtained registration of ownership transfer on June 15, 2016, the Defendant sold the land of Dong-gu, Daejeon (250.8 square meters) at KRW 210,000,000 and sold the land to D without completing the construction of a logistics complex or a support facility at the same time, and disposed of the land by transferring the ownership transfer to the implementer or a person other than a management agency prescribed by Presidential Decree.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation into the police suspect interrogation protocol to the accused (Attachment to the judgment of similar case);

1. Application of Acts and subordinate statutes, such as accusation, public notice of supply B, public notice of supply, contract for land supply, business plan, all of registered matters, certificate of full registration, power of attorney for commencement, certificate of completion of report on commencement of construction, note for purchase of paper, and receipt

1. The pertinent legal provisions of criminal facts and Articles 65 subparag. 7, 51 subparag. 1, and 51 subparag. 7 of the Act on the Development and Operation of Electronic Logistics Facilities (amended by Act No. 17232 of Apr. 7, 2020, and enforced on Oct. 8, 2020), and the selection of fines (the crime of this case is to purchase land within a logistics facility complex in KRW 128,158,80, and arbitrarily dispose of the land in the logistics facility complex in KRW 210,00,00 to a person who is unrelated to the logistics complex. Such act is not only to pursue a private legitimate profit, but also to promote the stability of the real estate market by abusing the land within the logistics facility complex as a means of real estate speculation, and to hinder the development of the distribution industry that performs the same function as the blood transfusion of the national economy by effectively supplying the distribution facility site.