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(영문) 대구지방법원 김천지원 2013.08.28 2013고정331
산업집적활성화및공장설립에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. No person who intends to conduct business other than manufacturing business in an industrial complex for defendant A shall conduct the relevant business without concluding a contract for occupancy;

Nevertheless, the Defendant did not enter into a contract on occupancy with the Korea Industrial Complex Corporation, a management agency, while operating the waste disposal business in the Gu-si, Gu-si, a national industrial complex, within D from July 11, 2008 to February 20, 2013.

2. Defendant B, a corporation operating waste disposal business, and the representative director of the Defendant, did not enter into a contract for occupancy as above with respect to the business of the Defendant at the same time and place as Paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning the F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing a written accusation of the Korea Industrial Complex Corporation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 52(2)5 and 38(3)1 and (1) of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same)

B. Articles 54, 52(2)5, and 38(3) and (1) of the former Industrial Cluster Development and Factory Establishment Act of Defendant B

1. Defendant A who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (the punishment for postponement: fine of 1,00,000 won for each of the crimes in this case, the circumstances leading to the crime in this case, and the fact that it seems that the administrative solution is sought);

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