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(영문) 광주지방법원 2018.01.10 2017고정1042 (1)
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence against the accused shall be determined by a fine of two million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Any landowner who has a right 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 August 25, 2016, the next Busan Regional Land Management Office filed an application with the Central Land Expropriation Committee for adjudication on expropriation of 81 items, such as D, E, F land owned by the Defendant, and trees on each of the above lands, with the Central Land Expropriation Committee (hereinafter referred to as the “Central Land Expropriation Committee”) stating that “The expropriation of the land to be expropriated and obstructed by September 26, 2016, and the compensation for losses to the Defendant shall be KRW 151,64,350, and the starting date of expropriation shall be September 26, 2016” was subject to the adjudication of expropriation.

By September 26, 2016, September 26, 2016, the opening date of confinement, the Defendant did not transfer each of the above land to the management authority of the Doksan local land, the project implementer, and did not transfer each of the above things.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. A report on investigation (Attachment to relevant legal provisions);

1. Public notification by the management authorities of the Do governorsan Regional Land;

1. Sending the original written adjudication of confinement and a written adjudication;

1. Application of Acts and subordinate statutes to the certificate of deposit before gold bullion;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that "the defendant shall not be punished for the defendant's act in accordance with Article 16 of the Criminal Act since there was misconception that the defendant's administrative litigation was filed to seek the cancellation of the ruling of acceptance of this case, and there was misconception that the duty to transfer the land subject to expropriation did not occur in the event of filing an administrative litigation against the ruling

The act of one's own does not constitute a crime under the law.

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