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(영문) 수원지방법원 안양지원 2018.11.15 2016고정321
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who runs the business of selling flowers, etc. with the trade name in Overcheon City B, and has a right to the above land.

The Minister of Land, Infrastructure and Transport shall deliver or transfer to the project executor the land or goods to be incorporated in the second border connection (Syang-Songnam) expressway private project (2 construction sections) executed by the Seoul Regional Land Management Agency for the purpose of public interest by the commencement date of expropriation, to the public announcement of the approval of the implementation plan for a private investment project.

However, although the Central Land Expropriation Committee rendered a ruling of expropriation on October 22, 2015, and the operator of the project deposited compensation before the commencement date of expropriation, the Defendant did not transfer a vinyl house or other things by November 23, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to accusation or written adjudication;

1. Subparagraph 2 of Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor for criminal facts;

1. Penalty fine of 2,00,000 won to be suspended;

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

1. Article 59 (1) of the Criminal Act (i.e., the fact that the accuser voluntarily removes obstacles to remove such obstacles and then the accused wishes to take the Defendant’s wife);

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