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(영문) 전주지방법원 정읍지원 2015.06.16 2014고정107
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is the owner of land D. A.) The project approval was publicly announced on December 28, 2012, when the project for the creation of inland gypt tourist resorts, including the said land, was the project approval. After the project approval was publicly announced, a person who intends to add goods to the land publicly notified shall obtain permission from the regular Eup market, but without permission, the Defendant added 161 cubic meters (2.3X2.5) to the said land on July 10, 2013. (B) The owner of land should transfer or transfer the land to the project implementer by the commencement date of use, but the Defendant refused to transfer the land by September 23, 2013, which is the commencement date of use.

2. Defendant B is a person who is the husband of the owner of land E and the F of the owner of land located in this place at the time of Jung-Eup.

Although the parties to the land should transfer or transfer the land to the project implementer by the commencement date of use, the Defendant refused to transfer the land until September 23, 2013, which is the commencement date of use.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. The suspect's statement (A, F);

1. Accusation against the violator of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;

1. Each written accusation (three-dimensional, five-dimensional pages);

1. A list of evidentiary materials (seven pages) and evidentiary materials to be submitted additionally (a list of investigative records 107 pages);

1. Application of Acts and subordinate statutes, such as status photographs;

1. Article 97 Subparag. 4 and Article 43 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Jan. 6, 2015; hereinafter the same shall apply); Article 96 and the former part of Article 25(2) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Jan. 6, 2015; hereinafter the same shall apply); Defendant B: Article 97 Subparag. 4 and Article 43 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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