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(영문) 인천지방법원 2018.11.02 2016고정2578
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a vinyl house with the trade name “J” from around the date of 2007 to October 2015, H and I from around the beginning of 2015.

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.

On March 19, 2010, the Korea Land Expropriation Committee published the Notice L for the Elimination of the Sea of the Republic of Korea related to the K business, and on October 22, 2015, the Defendant deposited the compensation for the loss of the “J” plastic greenhouse in the Defendant’s operation in accordance with a written ruling of the Central Land Expropriation Committee on Land Expropriation, and the Defendant transferred the goods that were the object of the payment of the relocation expense, as described in the attached list of crimes, among the obstacles to the said land, until November 23, 2015, the commencement date of confinement.

However, from November 23, 2015 to February 11, 2016, the Defendant did not transfer a thing that became an object of the payment of the cost of relocation among obstacles from the date of commencement of expropriation on the grounds of business compensation, establishment of living measures, etc.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Some statements made against the defendant during the police interrogation protocol;

1. A written accusation;

1. A written ruling, details of compensation, and deposit (a copy);

1. A copy of the Korean Appraisal Board's assessment report;

1. Court rulings (Seoul Administrative Court Decision 2016Guhap 58390) (Application of statutes);

1. Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works Projects for the Preparation of Crimes and the Selection of Fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence [The position that the defendant asserts that the ruling by the Central Land Expropriation Committee is illegal until the closing of pleadings and that there is no obligation to deliver the goods impeding the statement of the facts constituting the crime in the judgment.

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