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(영문) 의정부지방법원 고양지원 2014.08.22 2014고단854
산업집적활성화및공장설립에관한법률위반
Text

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

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

Reasons

Punishment of the crime

D On July 1, 2009, after obtaining approval for an industrial complex occupancy agreement from Gwangju Metropolitan City in the name of Seoul Special Metropolitan City, F, a stock company that it operated with respect to E land for a factory in the Pyeongtaek-dong Industrial Complex located in Gwangju Metropolitan City on July 1, 2009, completed reporting on the completion of establishment, etc. of a factory on July 2, 2010 and registration of a factory (the details of factory size: 16,513.7 square meters of factory site size, 556.1 square meters of manufacturing facility size, 729.16 square meters of manufacturing facility size). The Defendant entered into a contract to acquire F from D on January 5, 2012, and actually operated the said company at that time.

Where an occupant enterprise holding an industrial site or a factory in an industrial facilities zone intends to dispose of an industrial site sold in lots within five years before or after the report on the completion of the establishment, etc. of a factory, or to dispose of a factory, etc., it shall transfer it to a management

Nevertheless, on September 26, 2013, the Defendant did not transfer the factory site and factory building to Gwangju Metropolitan City, which is a management agency of the foregoing Bupyeong-dong Industrial Complex, and sold the factory site and factory building to G Co., Ltd., and disposed of each registration of ownership transfer on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and H by the prosecution;

1. A copy of a real estate sales contract;

1. Occasional notice on reporting on the completion of factory establishment;

1. Application of Acts and subordinate statutes to a copy of the F Acceptance Contract;

1. Relevant Articles 52 (1) 1 and 39 (1) 2 of the Industrial Cluster Development and Factory Establishment Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order prevents a person who seeks to obtain market price gains rather than promoting industrial development by creating preferential rights to purchase industrial sites, etc., and punish a person who violated this. The industrial site or factory of this case is etc.

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