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(영문) 서울북부지방법원 2018.03.28 2018고정218
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendants own 1/2 shares of each of the land and buildings in Seongbuk-gu Seoul Metropolitan Government D, which are incorporated into the implementation zone of the redevelopment and improvement project for the district-unit housing.

In accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, land owners and other persons who do not include land owners or persons concerned shall transfer or transfer the land or goods to be expropriated or used to the project executor by the commencement date of expropriation or use. The Defendants have the duty to deliver the said land or buildings to the C District Housing Redevelopment and Improvement Project Association, the project executor by January 13, 2017, which is the commencement date of expropriation by the Seoul Special Metropolitan City Local Land Expropriation Committee under the above Act.

Nevertheless, the Defendants did not deliver the above land and buildings to the redevelopment and maintenance project association of the C- Zone Housing until the date of commencement of the above expropriation.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police for E;

1. A certified copy of the register of buildings and land owned by victims;

1. A written ruling, and a written public notice and money deposit in Seoul Metropolitan Government;

1. Application of the Acts and subordinate statutes concerning notifications and details of postal service dispatch following a ruling on expropriation and deposit;

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

1. Each fine of 300,000 won to be imposed on the suspension of sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

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