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The defendant's appeal is dismissed.
Reasons
Article 2 (4) 2-2 of the Enforcement Decree of the Act on the Development and Operation of Logistics Facilities (hereinafter “Distribution Facilities Act”) effective from February 8, 2010, is not applicable to this case, and Article 2 (4) 2-2-2 of the Enforcement Decree of the Act on the Development and Operation of Logistics Facilities (hereinafter “Distribution Facilities Act”) is not applicable to this case, and the application of the above provision in this case is contrary to the principle of the protection of trust to the defendant.
The Daejeon Urban Corporation did not notify the Defendant that it cannot dispose of the land of Daejeon-gu I to a third party, not Daejeon Urban Corporation (hereinafter “the land of this case”). This goes against the principle of good faith as a party to a contract for sale in lots.
The Defendant is not a support institution subject to restrictions on disposal under Article 51(1) of the Distribution Facilities Act, because the instant land was sold in lots as a housing site for the migrants.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case on the premise that the defendant is a support institution subject to restrictions on disposal under Article 51 (1) of the Distribution Facilities Act by applying the above Enforcement Decree.
The punishment sentenced by the court below which is unfair in sentencing (the penalty amount of KRW 12 million) is too unreasonable.
Judgment
Article 2(4)2-2 of the Enforcement Decree of the Distribution Facilities Act, and Article 2(4)2-2-2 of the Enforcement Decree of the Distribution Facilities Act, and Article 10(2) of the Land Sale Agreement with Daejeon Urban Corporation, which was prepared by the court below on September 20, 201, was duly adopted and examined by the court below as to the assertion of misunderstanding of the legal principles. According to the evidence duly adopted and examined by the court below as to whether the Defendant’s husband C violated the principle of the protection of trust and trust, and the principle of good faith, the Plaintiff’s husband C sold the instant land, which was a single house site within the logistics complex, from Daejeon Urban Corporation