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(영문) 광주지방법원 2015.10.06 2014노2899

공익사업을위한토지등의취득및보상에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The fish farm operated by the defendants is an unauthorized building, and is not registered as a business before one year from the date of the public announcement of the public announcement of the public announcement of the project for the creation of the long-term nanotechnology general industrial complex (hereinafter “public announcement of the project”), and is not reported before the public announcement of the project, and thus, it does not constitute a business that should compensate for business losses as prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) and the

Since Defendants filed for compensation with their knowledge of this, such Defendants’ act can be seen as having attempted to receive compensation for business loss by unlawful means.

Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

Judgment

A. Defendant A, from around 2006, operated the network D and E-fishing ground as a club business. From April 13, 2010 when the Deceased died, Defendant A operated the said E-fishing ground as a club business.

In relation to a project for creating a project for creating a long-term nanotechnology general project complex, in order to receive compensation for business losses, the Defendants must be equipped with human and physical facilities at a legitimate place prior to September 20, 2007, which is the public announcement of the project approval, and continue to operate the business. The aforementioned “E-fishing ground” was in the state of failing to report the fish farm business as of September 20, 2007, and did not actually operate the fish farm and continued to operate the fish farm thereafter, and even though there was no fact that they continued to put into the fish farm in the form, the Defendants filed a request for adjudication in order to receive compensation for business losses, as they were operating the E-fishing ground located outside the F, Sung-gun, Sung-gun, Seoul, and the public official in charge on April 1, 2013.