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(영문) 청주지방법원 2020.11.19 2020고정459

공익사업을위한토지등의취득및보상에관한법률위반

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Defendant shall be punished by a fine of one million won.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating a human resources office of “C” on the second floor among the fourth floor buildings located in Heung-gu Seoul Metropolitan City (hereinafter “instant building”), and D Housing Redevelopment and Improvement Project Association is a project implementer who was authorized to implement the housing redevelopment project on November 8, 2016, by designating a whole area of the relevant region as a project zone for the reason of deterioration of land, such as housing, etc. from the E members of the Seoul Metropolitan City.

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 September 17, 2019, the above industrial cooperative, after receiving a ruling of expropriation from the committee for expropriation of land in Chungcheongnam-do (the date of commencement of expropriation) on September 17, 2019, paid compensation for losses resulting from the adjudication of expropriation among the landowners, etc., and deposited KRW 8,760,000 as business compensation in accordance with the adjudication of expropriation around October 28, 2019 to the court for the defendant who was dissatisfied with the decision of expropriation.

However, the Defendant did not deliver the second floor office of the instant building to the pertinent industrial cooperative until November 11, 2019, which is the starting date of confinement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the expropriation adjudication (D Housing Redevelopment Improvement Project) and the written deposit money;

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

1. Article 62 (1) of the Criminal Act (the fact that a full agreement is reached and the fact that there is no past record of criminal punishment on the two occasions of a fine for this type).

1. The suspension of the execution of detention in a workhouse shall be invalidated or revoked and the defendant shall not pay a fine;