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(영문) 춘천지방법원 원주지원 2014.02.19 2014고정60
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any landowner or person concerned, or any other person holding a right to the land to be expropriated or used or goods thereon, who is not included in the landowner or person concerned, shall deliver or transfer the relevant land or goods to the project operator by no later than the commencement

Nevertheless, the Defendant had to transfer the obstacles to the expropriated land by April 17, 2013, which was decided by the Central Land Expropriation Committee on February 22, 2013, in relation to the “Uiju-Uiju Highway Public Works Project,” which was implemented by the Korea Land Expropriation Committee, but did not perform the duty of transfer on the total of six obstacles, such as Kuju-si, D, E, Kuju-si F, and Kuyang, located on the G land.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (attaching an inquiry about delivery by mail);

1. Application of the Acts and subordinate statutes requesting voluntary transfer of obstacles, such as sending of the original written accusation, written adjudication of confinement, written adjudication, written request for compensation, copy of national fund deposit ledger;

1. Article 97 subparagraph 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor for Crimes and Article 43 of the same Act;

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

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

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