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(영문) 서울중앙지방법원 2017.09.08 2017고정2098

농지법위반

Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Farmland shall not be owned by any person other than those who use or use farmland for his own agricultural management, and a person who intends to acquire farmland shall obtain a certificate of qualification to acquire farmland from the head of the competent Si/Gu/Eup/Myeon.

On November 18, 2015, the Defendants filed an application for certification of farmland acquisition qualification accompanied by the “agricultural management plan” stating that the public official in charge of the Gyeyang-gu Incheon Metropolitan City Office uses the farmland acquired with his own labor for agricultural management in order to register the transfer of ownership of the said farmland on the same day when the highest price was jointly reported in the auction procedure for the farmland of 1,417 square meters and D preceding 5,134 square meters prior to the Incheon Gyeyang-gu, Gyeyang-gu, Incheon, and the Defendant B submitted an application for certification of farmland acquisition qualification accompanied by the “agricultural management plan” stating that the farmland acquired with his own labor is to be used for agricultural management.

However, as stated in each of the above agricultural management plans, although the Defendants had no intent to use the said farmland for agricultural management with their own labor, and did not possess a cryp or management instrument, they deceiving a public official in charge of the Gyeyang-gu Incheon Metropolitan City Office, thereby obtaining a certificate of farmland acquisition qualification under the name of the head of Gyeyang-gu Incheon, and completed the registration of ownership transfer of the said farmland.

As above, the Defendants conspired to obtain a false certificate of farmland acquisition for the purpose of owning farmland in violation of the restriction on farmland ownership.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written accusation;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to applications for certification of purchaser of farmland and certification of qualification for acquisition of farmland;

1. Relevant Article of the Act concerning the crime, subparagraph 1 of Article 59 of the Farmland Act, Articles 8 (1), and 6 (1) of the Act concerning the selective farmland for the crime, Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;