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(영문) 대구지방법원 서부지원 2019.05.09 2018고정305
산업집적활성화및공장설립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who conducts or intends to conduct business other than manufacturing business or manufacturing business in an industrial complex shall conclude a contract for occupancy with a management agency, as prescribed by Ordinance of the Ministry of Trade, Industry

Nevertheless, the Defendant did not enter into the above occupancy contract, and instead, from September 25, 2017 to March 29, 2018, leased approximately 1,000 m2 of the company’s site (industrial facility site) from C (representative D) that moved in in the Daegu-gu B complex from September 25, 2017 to March 29, 2018 to install approximately 527.41m2 of the company’s site (industrial facility site) and run the business of extracting virtual currency with the trade

Accordingly, the defendant did not conclude a contract for occupancy with a management agency in an industrial complex and operated business other than manufacturing business.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Confirmation of whether or not the business of extracting virtual currency in an industrial complex, instruction for control, and notification of the current status of the extraction site of virtual currency;

1. Business registration certificate (stock company E), real estate lease contract, and B complex drawing;

1. The application of Acts and subordinate statutes to investigation report (F copy of statement statement of staff of the Industrial Complex Management Corporation);

1. Relevant Article 52 (2) 5 and Article 38 (3) and (1) of the Industrial Cluster Development and Factory Establishment Act concerning facts constituting an offense, and the choice of fines;

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

1. Article 62(1) of the Criminal Act of the suspended execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62) of the Criminal Act provides that the defendant is against the law, there is no history of punishment for the same kind of crime, currently suspending the operation of a factory, and entering into a lease agreement with a lessor: Provided, That this is due to the absence of the law of the defendant and the possibility of criticism is not high (Article 62(1));

In this case, the above management corporation neglected the management work.

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