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(영문) 전주지방법원 정읍지원 2016.09.08 2016고단314

농지법위반

Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of 8,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

No one shall obtain a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraudulent or other illegal means, in violation of such restriction without having any person who uses or uses farmland for his/her own agricultural management.

Defendant

A and Defendant B acquired farmland in the name of Defendant A as the representative director, and Defendant B, respectively, in the name of a limited liability company of an agricultural company listed as Defendant B, and sold it to others immediately, and conspired to receive tax reduction or exemption benefits, such as corporate tax, by closing the said company.

According to the above public offering, the Defendants: (a) around June 23, 2014, at the E-Eup/Myeon office in the North Korea, the Defendants purchased the F (land category: 633 square meters), which is farmland, for the purpose of obtaining profits from sale; and (b) did not intend to use or make weekend experience farming for agricultural management by cultivating crops with the Defendants’ labor force; (c) notwithstanding the absence of an intent to use or make weekend experience farming for the purpose of acquisition through G certified judicial scrivener, the Defendants submitted an agricultural management plan stating “self labor force” in the “plan to secure labor force necessary for the agricultural management of acquired farmland” with the written application for the qualification certificate for acquisition of farmland stating the purpose of acquisition through G, and was issued with the qualification certificate for acquisition of farmland for the said farmland by the head of E-Eup/Myeon in Bupyeong-gun, Chungcheongnam-gu

In addition, the Defendants conspired to obtain the qualification certificate for acquisition of farmland for each farmland by false or other unlawful means, such as entering false facts in the application form for acquisition of farmland and agricultural management plan at least 13 times in total, as shown in the attached list of crimes, from June 18, 2015.

Summary of Evidence

1. Defendants’ legal statement

1. A statement of H, I, J, and K;

1. Application of statutes on each qualification certificate for acquisition of farmland;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;