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(영문) 대전지방법원 2013.06.20 2013고정107
산업집적활성화및공장설립에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A The representative director of the corporation B and the defendant B are corporations established to have a dialogue point in the head office and the Daejeon Seo-gu Seoul Metropolitan Government F and to engage in the distribution and sale of food materials.

1. A person whose occupancy contract has been terminated due to a violation of an occupancy contract in an industrial complex for defendant A shall immediately cease to conduct business, except for remaining business prescribed by Presidential Decree, and shall not continue to conduct such business;

Defendant

On June 4, 2012, A received a disposition to terminate an occupancy agreement with the Daejeon Industrial Complex Association, an incorporated management agency for the Daejeon Industrial Complex, to suspend the business from that time immediately. However, even though it does not suspend the business from that time, A continued to run the business for a month until July 4, 2012.

2. As to the business affairs of Defendant B corporation, Defendant A, the representative, committed the same offense as the above paragraph 1.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. A written accusation;

1. Notification of termination of occupancy contracts;

1. A business trip report (the current status of violations);

1. Application of Acts and subordinate statutes to a report on investigation (Visits);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 52(2)6 and Article 42(2)2 of the Industrial Cluster Development and Factory Establishment Act; selection of fines

B. Defendant B corporation: Articles 54, 52(2)6, and 42(2) of the Industrial Cluster Development and Factory Establishment Act; selection of fines

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. Even if the occupancy contract is terminated for a considerable period of time after the termination of the contract, the business for reorganization after the termination of the contract shall be construed as the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

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