2018 Highest 4748, 2019 Highest 1752 (Joint) Industrial Cluster Development and Factory Establishment

Violation of the Act on the Establishment of Offices

1. Anal-○ (63 years old), manufacturing industry;

2. ○○tech Co., Ltd.

Park Jong-woo, Kim Jong-ho (prosecutions) and Cho Jong-sung (Public Trial)

[Defendant-Appellee] Defendant 1 and 3 others

July 25, 2019

【Defendant OO】

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

[Defendant ○○tech Co., Ltd.]

Defendant shall be punished by a fine of KRW 20 million.

To order the defendant to pay an amount equivalent to the above fine.

Criminal History Office

“2018 Highest 4748

The defendant ○○ is the representative director of the defendant ○○tech, and the defendant ○○○○ is the corporation that manufactures gold-type and principal-type-type-type-type-type-type-setting-type-setting-type-type-setting-type-type-setting-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

1. inside of the defendant

Where an occupant enterprise which owns an industrial site of a national industrial complex intends to dispose of an industrial site sold in lots before five years have elapsed since the report on the completion of factory establishment, it shall transfer it to a management agency.

Nevertheless, on November 20, 2018, before five years have passed since the completion of factory registration, the Defendant transferred ○○○○ Industrial Site Co., Ltd. around November 20, 201, at around 6m of 7933.9/25302 6m of 793.6m of 25302.

2. Defendant ○○tech Co., Ltd.

The defendant committed a violation against the defendant's business, as stated in paragraph (1).

" 2019 Highest 1752"

Defendant ○○ is the representative director of Defendant ○○○○○○○ Co., Ltd., and Defendant ○○○○○○ Co., Ltd’s possession of the shares held by Defendant ○○○○○○○○○○○ Co., Ltd. on December 30, 2013, which is an industrial site of a national industrial complex around July 30, 201, is a corporation that manufactures gold-types and principal-types related to automobile parts, which is owned by a 6

1. inside of the defendant

Where an occupant enterprise which owns an industrial site of a national industrial complex intends to dispose of an industrial site sold in lots before five years have elapsed since the report on the completion of factory establishment, it shall transfer it to a management agency.

Nevertheless, on October 5, 2016, before five years have passed since the report on completion of the establishment of a new factory was made by the Defendant, on February 21, 2019, the Defendant transferred the shares to ○○○○○○○○○○○, Inc., an industrial site of around 000 on February 6, 25302 / 1/25302.6 shares to 75302.

2. Defendant ○○tech Co., Ltd.

The defendant committed a violation against the defendant's business, as stated in paragraph (1).

Summary of Evidence

【2018 Highest 4748】

1. The defendants' legal statement

1. A written accusation;

1. Full certificate of matters to be registered, report on completion of factory establishment, etc., report on completion of factory establishment, and land use;

Plan

【2019 Highest 1752】

1. The defendants' legal statement

1. A written accusation;

1. A real estate sale contract, a partial certificate of registered matters, and an agreement for sale and purchase in ○○tech (State);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Articles 52 (1) 1, 39 of the Industrial Cluster Development and Factory Establishment Act

Article 1(1)1 (Selection of Imprisonment with Labor for Defendant ○○)

1. Aggravation of concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendant ○○: Article 62(1) of the Criminal Act

1. Order of provisional payment;

Defendant ○○ et al.: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

It is not good that the purpose of the law, such as the activation of industrial cluster and smooth support for factory establishment, is not good. However, there are favorable circumstances, such as the fact that it was not for speculation in order to repay debts incurred in the course of running a business, and that it was not for speculation exceeding the fine, and that it was not for the defendant Ansan○. Therefore, the punishment shall be determined by combining these favorable circumstances.

Judges next to the rank of the judge