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(영문) 서울행정법원 2020.11.19 2020구합51396
취소처분 취소 청구
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

The plaintiff, as an incorporated association aimed at supporting the disabled, may engage in profit-making business, such as the production of power distribution teams, to the extent that it does not interfere with the intended business, if necessary to cover expenses incurred in the above target business.

Accordingly, the Plaintiff established a branch office that operates profit-making business, such as the production of power distribution teams, in the name of "C factory" in the Dong-gu, Ansan-si (hereinafter referred to as "production facility of this case").

The Plaintiff, from November 21, 2014 to November 20, 2017, was designated as “production facility for products manufactured by persons manufactured by persons manufactured by persons manufactured by persons manufactured by persons manufactured by persons manufactured by persons manufactured by persons manufactured by persons manufactured by persons with severe disabilities, with the term of validity from Defendant Minister as to the production facility in this case.”

After November 21, 2017, the Plaintiff was re-designated as production facilities for products manufactured by persons with severe disabilities by using the term of validity for the production facilities of this case from November 21, 2017 to November 20, 2020 by Defendant Minister, while the products produced as “electric control devices”.

D is a representative of “E” who supplied guidance measurement and control equipment, etc. to the government offices at the time of 2015 and 2016, and F is a representative of “E”, and G is a spouse of H at the time of the Plaintiff’s representative and the chairperson of the execution of the production facilities of this case, and I is a director in charge of the business of the production facilities of this case.

D, F, and I were prosecuted for the following criminal facts as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was sentenced to each conviction on December 19, 2017 (Seoul District Court Decision 2017Gohap221), and appealed for this, but each conviction was sentenced on July 17, 2018 (Seoul High Court Decision 2018No131). The prosecutor applied for amendments to the indictment at the appellate court, and the judgment was changed following the permission of the appellate court.

Therefore, the appellate court reversed the judgment of the court below and judged it again, and is the same as the judgment below.

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