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(영문) 전주지방법원 2018.05.31 2018고단270

농지법위반

Text

Defendant

A shall be punished by a fine of 3,00,000 won, and by a fine of 2,00,000,000 won for Defendant Incorporated Company B.

Reasons

Punishment of the crime

1. No person who intends to obtain a certification of qualification for acquiring farmland by fraudulent or other illegal means for the purpose of owning farmland in violation of restrictions on the ownership of farmland, and no person other than those who use or use farmland for his/her own agricultural management shall own farmland;

On September 2015, the Defendant purchased 215 square meters prior to the Donju-gun, North Korea, for the purpose of newly constructing a light material warehouse.

On September 9, 2015, the Defendant intended to purchase the said farmland for the purpose of newly constructing materials and warehouses, and did not have any idea to use it for the agricultural management of the Defendant. However, G submitted to the public official in charge of the said farmland a written application for certification of farmland acquisition qualification, stating the purpose of acquiring the said farmland as “agricultural management” to the public official in charge of the said farmland, and received a certification of farmland acquisition qualification from the head of the Fh of the relevant Seoul Special Self-Governing Province on the following day.

As a result, the Defendant was issued a certificate of farmland acquisition for the purpose of owning farmland in violation of farmland ownership restriction by fraud or other improper means.

2. Defendant Company B is a corporation incorporated for the purpose of distributing, processing, selling, etc. agricultural and livestock products.

The Defendant issued a certificate of qualification to acquire farmland by fraud or other improper means, as stated in the above “1”, to Defendant A with respect to the Defendant’s business by this private person.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Details of the issuance of certification of farmland acquisition qualifications, full certificate of registered matters, application documents for certification of farmland acquisition qualifications, and application of statutes concerning certification of farmland acquisition qualifications;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 1 of Article 59 of the Farmland Act, Article 8(1) of the Act, and the selection of fines;

(b) Defendant Incorporated Company B: Articles 61, 59 subparag. 1, and 8 subparag. 1 of the Farmland Act;

1. Articles 70(1) and 69(2)1.