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(영문) 수원지방법원 성남지원 2013.05.10 2013고정228
공익사업을위한토지등의취득및보상에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Although the Defendant deposited KRW 903,516,000 for land compensation around February 6, 2012, the Korea Land and Housing Corporation, a project implementer under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, as a landowner of the subordinate city in the area designated and publicly notified as the sub-U.S. Bogeumjari Housing District, the Defendant did not transfer the said land until April 16, 2012, which is the date of commencement of expropriation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the head of a complaint and a copy of money deposit;

1. Article 97 subparagraph 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor for Crimes and Article 43 of the same Act;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The alleged defendant filed an administrative litigation to increase compensation, and the administrative litigation has been pending, and did not deliver land by mistake that there is no obligation to deliver land, so the responsibility is excluded, and the crime is not constituted.

2. Article 16 of the Criminal Act provides that "the act of misunderstanding that one's own act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding." In general, it is generally accepted that the act of misunderstanding that one's own act is a crime, but in his special circumstances, it does not constitute a crime under the Acts and subordinate statutes, and if there are justifiable grounds for misunderstanding, it shall not be punishable. Whether there is justifiable grounds or not is a chance to examine or inquire about the possibility of illegality of one's own act with his intellectual ability and make a serious effort to avoid it is possible to recognize the illegality of one's own act if he had done so.

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