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(영문) 수원지방법원 안양지원 2018.07.11 2016고정554
공익사업을위한토지등의취득및보상에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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.

The Defendant, from May 22, 2007 to D, operated the cremation with the trade name “E”, around March 19, 2010, when the said land was incorporated into “the second border connection (Syang-Seongnam) expressway private investment project” by the head of the Seoul National Land Management Agency of the Korea Land and Transport approved and publicly notified by the Minister of Construction and Transportation, and thus, the Defendant failed to transfer the said land, etc. until November 23, 2015, which is the date of commencement of expropriation, by November 23, 2015, according to the disposition of adjudication on expropriation by the Central Land Expropriation Committee, by November 23, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written accusation;

1. Application of Acts and subordinate statutes to copies of a written ruling of the Central Land Expropriation Committee;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel asserts that the Defendant and the defense counsel regarding the assertion of a political party defense or a legitimate act under Article 62(1) of the Criminal Act (i.e., the circumstances to be considered in the course of the crime, the removal of obstacles, and the removal of obstacles voluntarily, the removal of obstacles, and the subsequent removal of the Defendant’s position against the Defendant) constituted a legitimate defense or a legitimate act, which, prior to the execution of appraisal procedures in an administrative litigation related to land compensation, the Defendant refused the temporary removal of obstacles for the sake of preserving the site until

However, the contents and purport of the relevant laws and regulations, and the defendant as a defendant shall be preserved.

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