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(영문) 광주지방법원 2017.08.25 2016고정426
산업집적활성화및공장설립에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, around September 16, 2014, is the E representative who entered into a contract for occupancy with the Korea Industrial Complex Corporation after changing the type of business to a rental business operator in Gwangju North-gu D and changing the type of business into a rental business operator.

Where a person who leases industrial sites, factories, etc. in an industrial facility zone, etc. intends to transfer industrial sites, factories, etc. before the expiration of the contract period (five years) of the occupancy contract, he/she shall transfer it to the management agency, and where the management agency is unable to purchase it, it shall transfer it to other enterprises, etc.

Nevertheless, on September 16, 2015, the Defendant did not transfer the above land 831.4 square meters and buildings 781.05 square meters to the Korea Industrial Complex Corporation, which is a management agency, or other companies selected upon receipt of an application for purchase, and sold at will to F representative G at a price of KRW 59 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to rental business operators' business plan and contract for occupancy in an industrial complex to an application for the change of contract for occupancy in the industrial complex filed with H;

1. Article 52 (1) 1, Article 38-2 (4) and Article 38-2 (1) of the Act on the Promotion of Industrial Cluster Development and Establishment of Factories for Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Suspension of sentence - Fine of a fine of three million won - Attraction of a workhouse: 100,000 won per day conversion amount (in the Act on the Promotion of Industrial Cluster Development and Factory Establishment, given certain restrictions on dispositions such as industrial sites, etc., the purpose of Article 59(1) of the Criminal Act is to block speculative demand benefiting from the market price profits and induce an end-user to supply a site. In light of the process of selling and selling the real estate of this case, speculation purpose was committed against the Defendant;

It is difficult to see other difficulties, taking into account the circumstances leading to this case, the fact that the defendant has no particular criminal record, etc.

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