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(영문) 전주지방법원 2018.05.10 2018고단323

농지법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 12, 2015, Defendant A was sentenced to a suspended sentence of two years in six months of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Jeonju District Court, and the judgment became final and conclusive on May 20, 2015.

[2] Defendant Company B is a company established for the purpose of distributing, processing, and selling agricultural and fishery products in Seoul Special Metropolitan City DD 201, and Defendant A is actually operating the above company and is currently working as a representative director.

1. No person who is not a person who uses or uses farmland for his/her own agricultural management shall obtain certification of qualification for acquisition of farmland by fraud or other improper means for the purpose of owning farmland in violation of this provision;

Notwithstanding the fact that the Defendant did not intend to actually engage in agricultural management, on October 14, 2014, at the E-Myeon Office located in Kim Jong-si, stating the purpose of acquiring the farmland of 706 square meters prior to Kim Jong-si as “agricultural management” and submitting an application for certification of farmland acquisition qualification prepared as if he/she acquired the farmland for the purpose of agricultural management, and received a certificate of farmland acquisition qualification from the head of the F-Myeon Office located in Kim Jong-si on October 15, 2014.

2. The Defendant Company B, a limited liability agricultural company, committed an act of violation as above with respect to the Defendant’s business at the time, place, and the Defendant’s employees, as stated in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A certified copy of corporate registry;

1. Investigation report (necessary to investigate the planned real estate);

1. An investigation report (attaching an application for certification of farmland acquisition eligibility, etc.);

1. Previous convictions in judgment: The application of written results of inquiry (resident, crime, investigation), and judicial statutes;

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 and Article 6 (1) of the same Act (or choice of imprisonment);

(b) Defendant Incorporated Company B: Articles 61, 59 subparag. 1, and 6 subparag. 1 of the Farmland Act;

1. The treatment of concurrent crimes (defendant A) after Article 37 of the Criminal Code, provided that it is only after Article 37.