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(영문) 대전지방법원 2013.09.26 2012고정1885
유통산업발전법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. A person who performs the duties of the operator of a superstore, etc. under the facts charged shall report to the head of a Si/Gun/Gu, and shall not conduct the duties of the operator of a superstore, etc. without reporting, or shall not report the performance of duties of the operator of a superstore, etc. by

The Defendant did not report to the competent authority on October 24, 201, from around March 24, 201 to March 24, 2012, concluded a construction and waterproof contract, which is a business necessary for the maintenance and management of a superstore, and collected management expenses (electric rent) from the occupants of the said commercial building, and around September 3, 2012, the Defendant issued one regular parking ticket for nine months to E operating D, who is the occupant of the said commercial building, on the first floor of the said commercial building, and collected KRW 70,00,000,000,000,000,000,000, from the first floor below the said commercial building, from around October 30, 2012 to G operating F, who is the occupant of the said commercial building, and collected 60,000,000 won as parking fees.

A public prosecutor’s additional indictment of the instant case No. 2013 J. 1746 and the previous case No. 2012 J. 1885 are related to a blanket offense, and the public prosecutor’s additional indictment includes the purport of applying for punishment of each of the above two concurrent crimes as a single comprehensive offense. As such, there is a difference between changes in the indictment and the process. As such, all the combined crimes are deemed a single comprehensive offense, and thus, the public prosecutor’s additional indictment of the two cases is to determine the substance of the whole

2. According to the records of recognition, the following facts can be acknowledged:

According to the former Do Retail Trade Promotion Act, the C Subdivision consisting of the shop occupants of the three commercial buildings has been established by the head of the Seo-gu Daejeon Metropolitan City with the permission of market establishment, and the Distribution Industry Development Act was enacted by Act No. 5327.

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