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(영문) 대구지방법원 김천지원 2018.10.16 2018고단812
산업집적활성화및공장설립에관한법률위반
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of ten million won.

However, Defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who has served as the representative director of the corporation B in old and American City D.

Where a resident enterprise intends to dispose of the portion of public land acquired before five years have passed from the date it acquired the portion of public land in the industrial site in installments, it shall transfer the portion of the relevant industrial site or public land to the management agency at the transfer price of the industrial site under Article 39 (5) of the Act on the Promotion of Industrial Cluster and the Establishment of Factories.

Nevertheless, on May 19, 2015, the Defendant sold and disposed of the shares of 9,900/29,911 square meters of the Gu-U.S. factory site D 29,911 square meters in company B, an industrial area purchased from May 19, 2015, and its ground factory at KRW 4.5 billion on July 27, 2017, which is not a management agency.

2. The representative director A of the defendant B committed a violation as described in paragraph 1 in relation to the defendant's business at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Application of all certificates for each registered matter, real estate trading contract, occupancy contract of an industrial complex, business plan, business registration certificate, and statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 52(1)1 and 39(1)1 of the Act on Promotion of Industrial Cluster and Establishment of Factories; Determination of imprisonment;

(b) Defendant B: Articles 54, 52(1)1, and 39(1)1 of the Act on the Promotion of Industrial Cluster Development and Factory Establishment

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant B Co., Ltd.: The reason for sentencing of Article 334(1) of the Criminal Procedure Act (as to Defendant A), the Defendant, while operating a company located in an industrial complex chain, did not transfer the share of public land and its ground to the management agency at the transfer price as prescribed by the Act on the Promotion of Industrial Cluster Development and Factory Establishment.

However, the defendant is now.

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