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(영문) 서울북부지방법원 2016.02.25 2015고단4465
공익사업을위한토지등의취득및보상에관한법률위반
Text

1. The defendant shall be punished by a fine of KRW 300,000 (three hundred thousand);

2. When the defendant does not pay a fine, 10,000 won.

Reasons

Punishment of the crime

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.

Nevertheless, on April 24, 2015, the Defendant, as the owner of the Dongdaemun-gu Seoul Metropolitan Government land and the second floor housing expropriated by the Seoul Metropolitan Government Local Land Expropriation Committee, did not transfer the land and the housing to the redevelopment and rearrangement project association of the area No. 18, 2015, which is the project executor, until June 12, 2015, which is the date of commencement of expropriation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in a written accusation;

1. Application of Acts and subordinate statutes to the written authorization for the implementation of the project, written adjudication on expropriation, detailed statement of compensation, and deposit;

1. Subparagraph 2 of Article 95-2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the relevant criminal facts (elective of a fine because he/she expresses his/her intent to immediately transfer land and house while committing a crime);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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