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(영문) 수원지방법원 2016.10.13 2016고정1843
공익사업을위한토지등의취득및보상에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of two plastic houses, which are installed on the above land, overcheon-si B (2,102 square meters), C (2,51 square meters) and the above land.

The above land and obstacles shall be transferred or transferred to a concessionaire by the commencement date of expropriation or use after being assigned to a public-private partnership project for the second connecting highway.

Nevertheless, the defendant did not transfer or transfer the above land or obstacles to the project implementer until November 23, 2015, which is the starting date of expropriation, on the ground of the issue of compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written ruling and a deposit;

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

1. Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works Projects and the Compensation Therefor for Criminal Crimes;

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

1. In full view of all the circumstances, including the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order led to the confession of the crime, voluntary removal of the obstacles of this case, and appeal against the defendant by the complainant, the sentence identical to the order shall be imposed on the defendant.

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