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(영문) 대구지방법원 2020.06.03 2019고단5821

농지법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employee of C Co., Ltd. in the Daegu Metropolitan City Suwon-gu B and the second floor, and C Co., Ltd is a corporation with the objective of corporate agricultural management.

No person, other than those who use or use farmland for his/her own agricultural management, shall obtain a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraudulent or other illegal means, such as failure to own farmland, etc.

Nevertheless, on May 7, 2015, the Defendant purchased farmland of “1,141 square meters prior to Pyeongtaek-si F,” and immediately sold it to another person. However, the Defendant obtained the qualification certificate for acquisition of farmland by false or unjust means on May 13, 2015, by submitting the following: (a) purchased the said farmland to enter “cins, bean,” “ins,” “five-month period,” and “Continuance of farming in the future”; and (b) submitted to a public official in charge of issuing the qualification certificate for acquisition of farmland; and (c) obtained the qualification certificate for acquisition of farmland by means of false or unjust means, as if he/she were to use the said farmland for his/her own agricultural management.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning G and H;

1. All the registered matters of the corporation;

1. Ten copies of all the registered matters;

1. Request for cooperation in investigation (including two copies of the written confirmation of land use planning, ten copies of land cadastre, one copy of the application for the qualification certificate for acquisition of farmland, one agricultural management plan, one copy of the qualification certificate for acquisition of farmland, and one letter of delegation); and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 59 subparagraph 1 of the Farmland Act (wholly amended by Act No. 16073, Dec. 24, 2018) and Article 6 (1) of the former Farmland Act (wholly amended by Act No. 16073, Dec. 24, 2018), which applicable to the crime,

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is issued with the qualification certificate for acquisition of farmland by fraudulent or illegal means.