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(영문) 서울중앙지방법원 2017.11.29 2016고정2793
공익사업을위한토지등의취득및보상에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of obstacles, such as plastic houses, etc., located in Docheon City, which is incorporated into the 2nd border connection (Sayang-Sanam), which is implemented by the Seoul Regional Land Management Office (Saeyang-Sanam)

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.

Nevertheless, even after receiving KRW 28,178,640 as compensation for the above obstacles, the defendant did not deliver or transfer the above obstacles until November 23, 2015, which was the date of commencement of the above business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of Acts and subordinate statutes to confirm the withdrawal of a deposit money and a copy of the accusation (intersection 2), a copy of the Official Gazette, the original copy of a written adjudication on confinement, a copy of a written adjudication, and a copy of a written adjudication;

1. Article 95-2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the elective Punishment for Crimes (Selection of Penalty Surcharge)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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