공익사업을위한토지등의취득및보상에관한법률위반
The defendant's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable.
Judgment
The crime of this case is an unfavorable circumstance to the defendant that the business implementer continues to operate the restaurant business without delivering the building until the commencement date of expropriation in order to collect money invested by the defendant for the restaurant business.
However, the Defendant recognized the instant crime and went against the Defendant, and there was no record of the same type of crime or any crime heavier than the suspension of execution, and the Defendant succeeded to the instant lawsuit on July 18, 2017, when the Seoul Central District Court 2015Kadan 192089 Building Name, etc. became final and conclusive, on November 18, 2017, K, the owner of the instant building, filed a lawsuit against the Defendant and the Defendant and the Defendant Nonparty E, including the name of the building, etc., at the Seoul Central District Court 2015Kadan 192089. On July 6, 2016, K Company succeeded to the instant lawsuit by the Plaintiff.
Plaintiff
K submitted a written withdrawal from the lawsuit on November 29, 2016, but it appears that the Defendants did not withdraw from the above lawsuit relationship without the Defendants’ consent (specific contents are referred to as the judgment among the reference materials for the Defendant’s submission on July 19, 2017). Moreover, Lone Star Co., Ltd. filed a lawsuit against Defendant E on April 26, 2016 against Defendant E, with the Seoul Central District Court Decision 2016Gadan5092976 Decided April 26, 2016, but on December 30, 2016, the Plaintiff withdrawn the lawsuit in this case, and the Defendant consented thereto.
2. The costs of lawsuit and the costs of mediation shall be borne by each person;
“The compulsory adjustment decision was final and conclusive.”
The circumstances are favorable to the defendant.
In addition, the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, environment, sex, motive of the crime, and circumstances before and after the crime.