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(영문) 대구지방법원 김천지원 2016.01.29 2015고정676
산업집적활성화및공장설립에관한법률위반
Text

[Defendant A] The defendant shall be punished by a fine of five million won.

Where the above fine is not paid, one million won shall be the one day.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and Defendant B is a corporation established for the purpose of manufacturing automation equipment.

Where a relocated enterprise which owns an industrial site in an industrial facility zone intends to dispose of the industrial site before five years have elapsed from the date on which the completion of the establishment of the factory, it shall be transferred to the management agency.

1. On February 14, 2012, Defendant A purchased the old and American industrial site C, which is an industrial site, and entered into a contract for occupancy with the Korea Industrial Complex Corporation, which is a manager, on February 29, 2012. On June 18, 2012, Defendant A transferred the said site to the KUBD on July 29, 2013, before five years have elapsed since reporting the completion of the establishment of a factory to the Korea Industrial Complex Corporation, and on June 18, 2012, the said site was transferred to the KUD.

2. Defendant B, a representative director of the Defendant, committed the act identical to that described in the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The accusation of the Korea Industrial Complex Corporation;

1. Application of Acts and subordinate statutes to investigative reports ( telephone conversations with the Industrial Complex Corporation), investigative reports (written certificates of registered matters of a corporation), investigative reports (Hearing the gist of accusation filed by an accuser and reporting on the review of applicable laws), and investigation reports (temporary reporting on completion of the establishment of a factory, etc

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

A. Defendant A: (a) Articles 52(1)1, 39(1)1, and 54 of the former Act on Promotion of Industrial Cluster Development and Factory Establishment (amended by Act No. 13312, May 18, 2015); (b) Articles 52(1), 39(1)1, and 54 of the former Act (amended by Act No. 13312, May 18, 2015); (c) Articles 52(1)1, and 54 of the Act on the Establishment of Factories; (d) are deemed to have been aimed at securing funds to relocate a larger factory than that of the said site and its ground; (e) the difference of transfer is not so large, and (e) the transfer is currently being carried out by relocating

B. Defendant B: Articles 54, 52(1)1, and 39(1)1 of the above Act

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