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(영문) 춘천지방법원 원주지원 2013.04.30 2012고정601

공익사업을위한토지등의취득및보상에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Any landowner or person concerned, or any other person holding a right to the land to be expropriated or used or goods thereon, who is not included in the landowner or person concerned, shall deliver or transfer the relevant land or goods to the project operator by no later than the commencement

Nevertheless, the Defendant did not perform the duty to transfer the unregistered buildings (house, container container storage), agricultural machinery, etc. located on D land until December 29, 2010, which are the starting date of expropriation determined by the ruling of expropriation by the Gangwon-do Local Land Tribunal in relation to the "C Complex Development Project" implemented by the Korea Industrial Complex Corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a deposit;

1. Article 97 subparagraph 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor for Crimes and Article 43 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (limited to a fine of 300,00 won, and 50,000 won per day: Consideration of the fact that the accused has no particular criminal power, except for a previous offense of a fine of 1 time, the circumstances of this case, and the progress of related civil cases, etc.);