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(영문) 수원지방법원 성남지원 2013.04.10 2013고정361

공익사업을위한토지등의취득및보상에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was a person who operates C in the Hanam-si B (hereinafter “instant land”) in the Hanam-si District for the Bogeumjari Housing Project, and was aware that the Hanam-si Project was a public project.

Any landowner and person concerned for public works and other persons who are not landowners or persons concerned, but have rights to the land to be expropriated or used or goods thereon shall deliver or transfer such land or goods to the project operator by no later than the commencement date of expropriation or use.

On April 13, 2012, the date of expropriation commencement, the Defendant did not transfer the obstacles to the instant land to the Korea Land and Housing Corporation, which is the project executor, despite the completion of the compensation for D, the former owner of the instant land.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to file a complaint, each photograph, demand for immediate relocation of a place of business, and report on investigation results;

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 for the detention of a workhouse;