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(영문) 의정부지방법원 고양지원 2020.02.07 2019고정1013

공익사업을위한토지등의취득및보상에관한법률위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the owner of the building and land in Gyeyang-gu, Gyeyang-gu (hereinafter “instant building and land”), and the victim CHousing Redevelopment and Improvement Project Association (the president D) is the project implementer who obtained authorization to establish the association from the Goyang-gu on April 12, 2012 to designate the whole area as the project area and implement the housing redevelopment project due to the deterioration of the large E-type housing, etc. in Gyeyang-gu, Seoyang-gu, Yangyang-gu.

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

On May 27, 2019, the Victim Association received the ruling of expropriation from the Gyeonggi-do Local Land Expropriation Committee (the date of commencement of expropriation) on May 27, 2019, and paid compensation for losses due to the adjudication of expropriation to the persons who accepted the result of the adjudication of expropriation from among the owners of the land, etc. under the adjudication of expropriation, and deposited the compensation amount of KRW 1,526,252,930 to the court on July 10, 2019.

Nevertheless, the Defendant did not deliver the instant building and land to the victim union until July 11, 2019, which was the starting date of expropriation.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Application of the written ruling and cash deposit Acts and subordinate statutes;

1. Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works Projects and the Compensation Therefor for Criminal Crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the criminal defendant is recognized to commit a crime and is against his/her wrong mistake, the first crime, and