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(영문) 서울동부지방법원 2017.07.12 2017고정750
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 700,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Any landowner or person concerned, or any other person who is not a landowner or related person, but a person who has a right to the land to be expropriated or used or goods on such land in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, shall deliver or transfer such land or goods to the project executor by the commencement date of expropriation

The "D Housing Redevelopment and Improvement Project Association", which is the project implementer of D Housing Redevelopment and Improvement Project, has accepted the land owned by the Defendants and the goods located in the said land according to the ruling of expropriation by the Seoul Special Metropolitan City Local Land Expropriation Committee on April 22, 2016. As such, the Defendants were obligated to deliver the land owned by the Defendants and the goods located in the said land to the "D Housing Redevelopment and Improvement Project Association" until June 10, 2016, which is the commencement date of expropriation.

1. The Defendant, as the owner of the land in Songpa-gu Seoul Metropolitan Government E and goods located on the said land, did not deliver the said land and goods on the said land to the “D Housing Redevelopment and Improvement Project Association” until June 10, 2016, which was the commencement date of expropriation.

2. Defendant B, as the owner of the land located in Songpa-gu Seoul Metropolitan Government and the goods located in the said land, did not deliver the said land and the goods located in the said land to “D Housing Redevelopment and Improvement Project Association” until June 10, 2016, which was the date of commencement of expropriation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to records of investigation (to file books of records of investigation in prestigious litigation);

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

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

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