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(영문) 대구지방법원 2020.08.13 2019노3641

농지법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor, two years of suspended execution, one hundred and twenty hours of social service) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and opposed to the determination, and that it was an initial criminal without criminal records, and that the “real estate sales business” was abolished in the corporation’s objective business after the instant case.

However, this case is a case where farmland under the Farmland Act was purchased with the qualification certificate for acquisition of farmland in an unlawful way for the purpose of gaining gains from the market price, and the disposal value was sold to 68 persons in installments, and there was a large amount of money to 2,203,295,000 won in total, and there was a considerable profit from market price in the

An act of mass speculation to farmland is an act of restricting the ownership of farmland by non-farmers according to the principle that farmers own their own land, and the basic ideology of improving agricultural productivity and preventing speculation on farmland is the act of cutting down farmland.

In addition, in full view of the various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the crime, and the circumstances after the crime, and the new circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.