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(영문) 제주지방법원 2020.11.13 2020고정153

농지법위반

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Except as otherwise provided for in each subparagraph of Article 23 (1) of the former Farmland Act (amended by Act No. 16975 of Feb. 11, 2020), no farmland owner may lease or lend free of charge any farmland.

On November 24, 2016, the Defendant: (a) around November 24, 2016, the owner of the instant farmland, the ownership transfer of which was completed on the ground of sale and purchase with respect to the farmland on a total of six parcels of land (hereinafter “instant farmland”), including B (forest 2,724 square meters), C (former 1,696 square meters), D (former 2,633 square meters), E (former 2,050 square meters), F (forest 4,889 square meters), and G (forest 2,982 square meters); (b) from around November 25, 2016 to June 18, 2018, the Defendant used the instant farmland for cultivating crops by using the instant farmland to H, the former owner of the instant farmland, from around August 2018.

Summary of Evidence

1. Part of the statement made by the defendant in this Court (the part for use);

1. Each statement made by the witness I and J in this Court;

1. Entry of each statement in the protocol of interrogation of the suspect as to H prepared by the police officer (to the defendant and his interrogation);

1. Statement of statement with H prepared by the police officer;

1. Entry of a written confirmation of facts (Evidence No. 1, No. 185, No. 1 of the evidence records) prepared by the I;

1. To enter into an investigation report (the results of hearing statements of a suspect) prepared by a prosecutor;

1. Determination on the defendant and his/her defense counsel's assertion entered in a copy of a real estate sales contract

1. The summary of the assertion stated that the Defendant terminated the rent for the farmland in this case between H and agreed to find a person to jointly manage the farmland in this case. Since the horse was over and the farmland in this case was leased or sub-leased to I et al., the Defendant did not lease the farmland in this case to I et al.

2. The following facts and circumstances acknowledged by the evidence duly adopted and examined by this Court, i.e., the J, around 17:00 on October 30, 202, shall be present at this Court as a witness.