Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Where a relocated enterprise which owns industrial facility zones, etc. intends to dispose of a site for the industry acquired by sale before five years prescribed by Presidential Decree elapse after reporting the completion of the establishment, etc. of a factory, or to dispose of a factory, etc., it shall transfer it to the management agency.

On January 5, 2012, the Defendant entered into an occupancy agreement with a private market management agency of the said agro-industrial complex with D, a joint owner, on a factory site of 1,660.1 square meters (50 square meters) located in Scheon-si, in B, 2012, and received the industrial site in lots. On September 5, 2012, the Defendant reported on the completion of the establishment, etc. of a “E” factory on September 5, 2012.

In the event that the Defendant intended to dispose of the industrial site or factory before five years have passed since the completion report as above, the Defendant sold the shares (1/2) of the Defendant’s shares in the said factory to D, a co-owner, at the “E” factory office around January 18, 2013, at KRW 95,00,000, and at the “E” factory office around March 19, 2013, the Defendant sold the shares (1/2) of the Defendant’s shares in the said industrial site to D, a co-owner for KRW 146,814,685.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a written application for occupancy contract of an industrial complex, a business plan, a B occupancy contract, a register certifying all the registered matters (land and buildings), a report on completion of factory establishment,

1. Article 52(1)1 and Article 39(1)1 of the Act on the Promotion of Industrial Cluster Development and Factory Establishment (Amended by Act No. 11964, Jul. 30, 2013); the selection of fines for criminal facts; and the selection of fines for each type of crime

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the crime of this case where the defendant disposes of the industrial site and factory in violation of relevant laws and regulations.