The owners of land, persons concerned, and other persons who do not include landowners or persons concerned, but hold rights to the land to be expropriated or used or goods thereon shall deliver or transfer such land or goods to the project executor by no later than the commencement date of expropriation or use.

While the Defendant operated a flower farm with the trade name “E” in Overcheon City from 2007, the Defendant was incorporated into the “F Highway Private Investment Project,” which was approved by the Minister of Construction and Transportation on March 19, 2010, by the head of the Seoul Regional Land Management Office of the Ministry of Construction and Transportation, the Ministry of Land, Transport and Maritime Affairs, and announced by the National Land and Transportation. Accordingly, the Defendant should transfer the plastic houses, etc., which are the obstacles to the said land, to the head of the Seoul Regional Land Management Office, the project implementer, by November 23, 2015, which was the date of commencement of expropriation according to the disposition of expropriation by the Central Land Expropriation Committee

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 95-2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Preparation of Relevant Acts concerning facts constituting an offense and Articles 95-2 and 95-2;

1. A fine of 1.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The defendant and the defense counsel asserts that the defendant's defense or the assertion of a justifiable act under Article 59 (1) of the Criminal Act (including the circumstances that may be considered in the course of committing the crime, the primary offender, the obstruction was voluntarily removed, the illegality was removed by the removal of the obstruction, and accordingly, the complainant's desire to take advantage of the defendant's position against the defendant) of the suspended sentence constituted a legitimate defense or a legitimate act by refusing the transfer of objects temporarily hindered for the purpose of preserving the site before the execution of appraisal procedures in the administrative litigation related to land compensation.

However, the contents and purport of the relevant laws and regulations, and the defendant can obtain evidence in a legitimate way such as the preservation of evidence.