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(영문) 춘천지방법원 원주지원 2013.04.30 2012고정595
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Any landowner or person concerned, or any other person holding a right to the land to be expropriated or used or goods thereon, who is not included in the landowner or person concerned, shall deliver or transfer the relevant land or goods to the project operator by no later than the commencement

Nevertheless, with respect to ‘C development project' implemented by the Korea Industrial Complex Corporation, the Defendant did not perform the obligation to move while residing in the same Ri E, which is the land to be expropriated, for the reason that D's compensation is low until December 29, 2010, which is the starting date of expropriation determined by the Gangwon-do Local Land Tribunal by adjudication on expropriation.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol of statement to F;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (including fine of KRW 300,000, KRW 50,000 per day: Considering the fact that the defendant has no criminal power, the circumstances of this case, and the progress of related civil cases, etc.);

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