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(영문) 전주지방법원 2018.05.11 2018고단321

농지법위반

Text

Defendant

A A shall be punished by a fine of KRW 30,000,000,000,000,000,000,000 for four months.

Defendant .

Reasons

Punishment of the crime

Defendant

The limited company B is a corporation established for the purpose of entrusted farming business in Seo-gu, Gwangju, and the defendant A is the representative director of the above company.

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;

Nevertheless, the Defendant had mind to acquire farmland in order to obtain gains profit from the market price without using or using it for actual agricultural management; around February 15, 2016, the Defendant purchased “6,007 square meters prior to Kim Jong-si” in the name of a limited agricultural company Company B, and was issued a certificate of qualification for acquisition of farmland from the head of the Yan-Myeon Office of Mung-si on March 11, 2016, stating that he/she would cultivate “bean, Qu, and Ma” with respect to the said farmland at the 00-3 office located in Kim Jong-si, Kim Jong-si on March 11, 2016, by submitting an application for certification of qualification for acquisition of farmland attached with regard to the said farmland. < Amended by Act No. 14093, Mar. 14, 2016>

2. The Defendant Company B, a limited liability agricultural company, committed a violation as above by the representative director A with respect to its business at the date, time, and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching an application for certification of farmland acquisition qualification, etc.), investigation report (in cases of all registered certificates);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 59 subparag. 1, Article 6 subparag. 1, and Article 8 subparag. 1, Article 8(1), and Article 8(1) of the Farmland Act; the choice of imprisonment;

(b) Defendant Incorporated Company B: Articles 61, 59 subparag. 1, 6(1), and 8(1) of the Farmland Act;

1. Defendant Incorporated Company B: The act of submitting false documents to a public institution without any specific awareness of the awareness that the sentencing of Article 334(1) of the Criminal Procedure Act ought to be taken place on the grounds of the sentencing of Defendant Incorporated Company B.