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(영문) 서울남부지방법원 2018.04.12 2018고정20
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

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.

The "D Housing Redevelopment Development and Improvement Project Association", which is the project implementer of D Housing Redevelopment and Improvement Project, has a duty to deliver the land owned by the defendant and the goods on the land owned by the defendant to the "D Housing Redevelopment and Improvement Project Association" until February 10, 2017, which is the commencement date of expropriation of the Seoul Yangcheon-gu Seoul Metropolitan Government Local Land Expropriation Committee on December 23, 2016.

Nevertheless, until February 10, 2017, the date of commencement of expropriation, the Defendant did not deliver the above land and goods to the "D Housing Redevelopment and Improvement Project Association".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes (No. 635) of a written accusation and a written ruling of confinement to be attached (as of December 23, 2016) and a deposit document (as of 2017, No. 635);

1. Subparagraph 2 of Article 95-2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the same facts constituting an offense, and the selection of a fine;

1. A fine not exceeding 500,000 won to be suspended;

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

1. Determination as to the Defendant and the defense counsel’s assertion under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. The Defendant and the defense counsel regarding the assertion of violation of the principle of statutoryism shall be the city and the Gu.

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