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(영문) 대전지방법원 2014.06.26 2013노2527
유통산업발전법위반
Text

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal (based on factual errors or misunderstanding of legal principles) is that the Defendant received a manager’s confirmation from the public official in charge of clerical errors and omissions without submitting the Cude Association’s articles of association, the current status of shop occupants, and at least 2/3 of the shop occupants, which are necessary documents at the time of reporting the superstore manager (change) on September 15, 2010 (hereinafter “instant prosperity”). As such, the Defendant’s report is invalid from the beginning.

Even if the Defendant’s report on the superstore operator (change) is lawful, the Defendant continues to conduct the business of the superstore operator even after receiving a notice of revocation of the registration of the representative of the superstore operator from the competent authority on October 24, 201, and subsequently lost the Defendant’s lawsuit seeking revocation of registration revocation, in light of the fact that the Defendant’s report constitutes “a person who conducts the business of the superstore operator without filing a report in violation of Article 12(3) of the Distribution Industry Development

Judgment

Facts of recognition

According to the evidence duly adopted by the court below and the court below, the following facts can be acknowledged.

According to the former Do and Retail Trade Promotion Act, the Subdivision of this case consisting of the shop occupants of C commercial buildings (hereinafter referred to as the “instant commercial buildings”) has obtained permission for market establishment and management of C commercial buildings from the head of Seo-gu Daejeon Metropolitan City (hereinafter referred to as the “head of Seo-gu”) pursuant to Article 3 of the Addenda to the Distribution Industry Development Act (amended by Act No. 5327 of Apr. 10, 1997), and thereafter, the Subdivision was deemed to have registered the establishment of a superstore under the Distribution Industry Development Act on July 1, 1997. However, pursuant to Article 3(3) of the Addenda to the said Act, the Subdivision of this case, which is an autonomous management organization, shall meet the qualification of a corporation under the Commercial Act or the Civil Act and a business cooperative under the Small and Medium Enterprise Cooperatives Act within six months from July 1, 1997.

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