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(영문) 인천지방법원 2017.06.15 2017고정323

공익법인의설립운영에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Where a public-service corporation intends to sell, donate, lease, exchange, change the purpose of use, offer as security, or borrow a specific amount or more prescribed by Presidential Decree for a long time, it shall obtain permission from the competent administrative agency.

On December 25, 201, the Defendant, a public interest corporation located in Yeonsu-gu Incheon, changed the use of KRW 1,030 of the fundamental property of the said corporation to corporate tax payment without obtaining permission from the competent administrative agency, and committed an act, such as changing the use of KRW 4,052,030 of the fundamental property of the public interest corporation on seven occasions from around that time to February 24, 2012, as shown in the list of crimes in the attached crime list, without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on accusation and accusation of non-profit incorporated associations;

1. Article 19(1) and Article 11(3) of the Act on the Establishment and Operation of Public Interest Corporations and the former Act on the Establishment and Operation of Public Interest Corporations (Amended by Act No. 12185, Jan. 7, 2014); the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;