A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from the Korea Industrial Complex Corporation around June 27, 2013, is a person who is operating a manufacturing business with the trade name called “E (ju)” after receiving from the Korea Industrial Complex Corporation a large amount of 22,222,657,870 square meters for the member-gu D industry site (33,087.6 square meters, approximately 10,000 square meters) and completing the registration of a factory around April 26, 2016.

Where an enterprise that owns industrial facility zones, etc. disposes of the industrial site, etc. sold in lots before five years have passed since the completion report of the establishment of a factory, etc., the enterprise shall transfer it to the management agency (Korea Industrial Complex Corporation) or, if the management agency is unable to purchase it, transfer it to another enterprise or related institution selected by the management agency upon receipt of an application

Nevertheless, on April 19, 2018, the Defendant transferred part (14,215 square meters, approximately 4,300 square meters, and approximately 4,300 square meters) of the above industrial site sold by the Korea Industrial Complex Corporation to the management agency, or transferred the above industrial site to F (P) without transferring it to a person selected by the management agency upon receipt of a request for purchase at the management agency, at least 15 billion won, and arbitrarily disposed of the above industrial site.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on filing an accusation, a certificate of all registered matters, a land sale contract, and a contract for occupancy;

1. Article 52 (1) 1 and Article 39 (1) 1 of the Act on the Promotion of Industrial Cluster Development and Factory Establishment of Factories for criminal facts; the punishment of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution does not aim at obtaining transfer marginal profits, but rather at voluntarily disposing of industrial sites in order to repay driving funds, etc., for which the loan deadline comes due, it is also necessary to obtain enormous gains from transfer through a voluntary disposition and to strictly punish similar cases because it is necessary to prevent recurrence.

However, there is room for some degree of consideration in the process of voluntary disposition, and it seems that it is private use of transfer marginal profits, and the defendant is the defendant.