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(영문) 수원지방법원 2013.12.11 2013노2763
산업집적활성화및공장설립에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. On November 25, 2010, the Defendant: (a) purchased from the representative director C of J on November 25, 2010 the land and factory located in Sungnam-gu, Sungnam-gu, the industrial complex under the Industrial Cluster Development and Factory Establishment Act (hereinafter “instant industrial complex”); and (b) concluded a contract for occupancy with E Management Corporation on January 21, 201; (c) however, the Defendant was requested by J, the former owner of the instant industrial complex for delayed delivery of the instant industrial complex; (d) on the other hand, the Defendant was also temporarily leased the instant industrial complex to J as the introduction of technology related to the manufacture of the said fruit.

On the other hand, the Sungnam Mayor filed the instant accusation without corrective order against the defendant.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts is as indicated in the attached Form of relevant statutes. 2) In full view of the provisions of Article 38(1), (2), and Article 53 subparag. 4 of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Act”), Article 6(5)6 of the former Enforcement Decree of the Act (amended by Presidential Decree No. 23718, Apr. 10, 2012); Article 35(1)1, 2, and 47 of the former Enforcement Rule of the Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 1, Mar. 23, 2013); where occupant enterprises and support institutions intend to enter into an occupancy agreement with the management agency; where they intend to modify any type of business or business among the matters to be entered into an occupancy agreement, they shall enter into an agreement with the representative of the management agency, other than the name of the company or 50.

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