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(영문) 서울남부지방법원 2018.04.12 2018고정234
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

The defendants are those who rent the buildings within the district of the C Housing Redevelopment and Improvement Project Association, and the owners or persons concerned, or other persons who hold the right to the land to be expropriated or used or the goods on such land who do not include the owners of the land or persons concerned, shall deliver or transfer such land or goods to the project executor by the commencement date of expropriation or use

1. Nevertheless, despite Defendant A, the Defendant did not transfer the above association to the person who carried out the business until July 14, 2017, which was the date on which the establishment of the Seoul Yangcheon-gu Seoul Metropolitan Government D ground store was commenced.

2. Notwithstanding Defendant B, the Defendant did not deliver to the said partnership the above partnership as a business executor until July 14, 2017, which was the date of opening a ground E store in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to accusation, written adjudication, detailed statement of compensation, and money deposit;

1. Article 95-2 subparagraph 2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under the relevant Act concerning facts constituting an offense, and selection of fines;

1. 50,000 won for each fine to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day) shall be confined in a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 58(1) of the same Act provides that the Defendants’ stores shall be handed over to C Housing Redevelopment Development and Improvement Project Association, and the partnership did not want punishment against the Defendants by mutual agreement with the union and the union; Defendant A did not have any previous conviction

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