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(영문) 수원지방법원 2014.03.27 2013노4356
사회복지사업법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. Legal principles and mistake of facts: (a) Defendant Corporation B (hereinafter “Defendant Corporation”) is merely a renewal of the existing lease contract with H Co., Ltd. (hereinafter “H”); and (b) is not a new lease contract; (c) there was no need to obtain a permit for disposal of fundamental property; and (b) even if a domestic permit is required, the Defendant Corporation applied for a permit for disposal of basic property for renewal to the Sungnam City Mayor on July 27, 201, and rejected it on the grounds that there was no direct connection with the above permit; and (c) considering the above circumstances, the foregoing rejection disposition should be revoked in an unlawful manner; and (d) in light of the above circumstances, the Defendants did not have any criminal intent to violate the Social Welfare Services Act; and therefore, neither a mother nor the Defendants did they commit a violation of the Social Welfare Services Act.

B. The lower court’s sentence of unreasonable sentencing (the Defendant’s each fine of KRW 7 million) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case was changed to Q on March 26, 2013 by the representative director of the Defendant corporation located in Sungnam-si G, Sungnam-si, and on January 9, 2014.

The defendant corporation is a corporation established for the purpose of establishing and operating a general social welfare center.

1) In the event that a social welfare foundation intends to sell, donate, exchange, lease, provide security, or change the purpose of its use with respect to fundamental property, Defendant A does not obtain the permission of the Minister of Health and Welfare on August 1, 201, but Defendant A does not obtain the said permission at the location of the Defendant foundation, and without obtaining the said permission, Defendant A does not refer to the 1,301.29 square meters of the 3rd floor, the 4th floor, the 1,304.48 square meters of the building, and 258 square meters of the 5th floor of the building,

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