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(영문) 울산지방법원 2019.05.14 2018고정1098
산업집적활성화및공장설립에관한법률위반
Text

Defendants shall be punished by fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation established for the purpose of manufacturing and processing various mergy products.

1. Where an occupant enterprise holding an industrial site, factory, etc. in an industrial facilities zone of Defendant A disposes of an industrial site owned after a report on the completion of the establishment, etc. of a factory within five years from the date of division, if the divided industrial site falls short of the standard factory area ratio, it shall

B On December 29, 1984, a corporation purchased C Industrial Site of 10,944 square meters in Yangsan-si in a general industrial complex from Yangsan-si and registered the establishment of the business.

Around July 3, 2017, the Defendant entered into a sales contract with D to sell KRW 1,835 square meters of E factory site in KRW 1.22,100,000,000. On August 17, 2017, the Defendant divided the said Category C Industrial Site into KRW 10,944 square meters of land C and KRW 1,835 square meters of land E factory site into KRW 9,109 and KRW 1,835 square meters of land. On August 30, 2017, the Defendant completed a registration of transfer of ownership with respect to the said E factory site that does not reach the standard factory area ratio due to the absence of building on the ground to D around August 30, 2017.

In this respect, the Defendant transferred industrial sites to others, other than Yangsan City, a management agency, before five years elapse since the division was divided.

2. Defendant B’s representative director, the Defendant Company B, violated the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation of the mass production market;

1. A written statement;

1. Application of Acts and subordinate statutes to a site location map and photograph, real estate sales contract, and a certified copy of each land register;

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

(a) Defendant A: Article 52(1)2 of the Industrial Cluster Development and Factory Establishment Act, and Article 39-2(4)1 of the Industrial Cluster Development and Factory Establishment Act, and the selection of fines;

(b) Defendant B corporation: Articles 54, 52 (1) 2, and 39-2 (4) 1 of the Industrial Cluster Development and Factory Establishment Act;

1. Defendant A of detention in a workhouse: Criminal Act.

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