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(영문) 인천지방법원 부천지원 2019.11.29 2019고정761
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

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 landowners or persons concerned, shall deliver or transfer such land or goods to the project operator by no later than the commencement date of expropriation

The Defendant, as a sub-City D lessee located in the House Redevelopment Improvement Project District B C, the Defendant did not deliver the said building to the Housing Redevelopment Project Association, a project implementer, until December 13, 2018, which was the starting date of expropriation following the ruling rendered on October 29, 2018 by the E Committee.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Service of the original written adjudication and a written adjudication;

1. Application of Acts and subordinate statutes to notification of the method of payment of compensation following a ruling to accept the E Committee;

1. Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works Projects and the Compensation Therefor; the selection of fines, Article 43 of the Act on the Acquisition of and Compensation for Land, etc. for Criminal Crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., that a project implementer has delivered a building to be expropriated late and late, that the complainant withdraws the complaint against the defendant and does not want the punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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