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(영문) 전주지방법원 2018.06.07 2018고단443

농지법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No farmland shall be issued with a certification of qualification for acquisition of farmland by fraud or other improper means for the purpose of owning farmland without being used or used for his/her own agricultural management, in violation of this provision.

Nevertheless, on April 30, 2015, the Defendant: (a) purchased farmland in order to obtain profit from the market price without using or using it for actual agricultural management; (b) purchased “Yiju-gun E 5,184 square meters” in the name of an agricultural company incorporated in the agricultural company D around April 30, 2015; and (c) submitted an application for certification of qualification for acquisition of farmland with respect to the said farmland to certify the qualification for acquisition of farmland to be attached to a false agricultural management plan, stating that at the G Myeon office located in the F of Miju-gun, Miju-gun on May 1, 2015, a false agricultural management plan stating that the said farmland will be engaged in agricultural management is cultivated.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes, such as all certificates of registration, applications for certification of qualification for acquisition of farmland, and certification of qualification for acquisition of farmland;

1. Relevant Article of the Act concerning the facts constituting an offense and subparagraph 1 of Article 59 of the Act and Article 6 (1) of the Act concerning the selective farmland;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. A summary of the assertion 1) The “agricultural management” under Article 6(1) of the Farmland Act is an organized economic unit in which farmers produce, sell, use, or dispose of agricultural products by using land, capital, or labor for a specific purpose and by using agricultural products, and is also included in D Co., Ltd. (hereinafter “D”).

2) Therefore, since D constitutes “a person who uses or uses farmland for his own agricultural management” under Article 6(1) of the Farmland Act, D is not subject to restrictions on farmland ownership. However, it is exceptionally subject to restrictions on farmland ownership only where only a formal agricultural management entity that has no interest in agricultural management is not interested in agricultural management.

D. D.