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(영문) 수원지방법원 성남지원 2016.11.09 2016고단162
산업집적활성화및공장설립에관한법률위반
Text

Defendants shall be punished by a fine of KRW 30 million.

Defendant

If A does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

1. Where an occupant enterprise of an industrial complex A intends to dispose of shares of co-ownership acquired before five years have elapsed from the date of acquiring such shares in installments, it shall transfer the relevant co-ownership to a management agency;

Nevertheless, the Defendant acquired 3656.7/1/4 of the shares of the member I in the Gyeonggi-si Co., Ltd. in the name of the company G (the trade name before the change of Defendant 2) and 3635.7/15 of the shares of the member I in the Gyeonggi-si Co., Ltd. in the name of the company G, which is the land within H, on October 20, 2015, disposed of the shares of KRW 2.455 billion to the management agency on October 20, 2015, without transferring the shares of KRW 1655.1/1, the Defendant disposed of the shares of KRW 2.45 billion to the LA, from September 24, 2015 to October 30, 2015.

2. A, the representative director of the defendant B, committed the act of violation as referred to in the preceding paragraph at the same time and place.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to a charge, each real estate sales contract, and each registration certificate;

1. Defendant A of the pertinent Act on the facts constituting the crime: Articles 52 (1) 2 and 39-2 (4) of the Industrial Cluster Development and Factory Establishment Act; Articles 54, 52 (1) 2 and 39-2 (4) of the Industrial Cluster Development and Factory Establishment Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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