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(영문) 전주지방법원 2018.05.24 2018고단479

농지법위반

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 5,00,000 won for Defendant Incorporated Company B.

(b).

Reasons

Punishment of the crime

Defendant

The limited company B is a corporation established for the purpose of corporate agricultural management, etc. to improve productivity in the Republic of Korea D, and the defendant A is a person who actually operates the above corporation.

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, in order to acquire farmland in order to obtain profit from the market price without using or seeking to use it for actual agricultural management. In order to acquire the ownership of “Yju-gun E field 2,065 square meters” in the name of a limited company incorporated by the Defendant, the Defendant submitted an application for certification of farmland acquisition qualification accompanied by a false agricultural management plan stating that he/she would cultivate “fish” with respect to the said farmland in G office located in the Seoul Special Self-Governing Province F on December 24, 2015, and received a certificate of farmland acquisition qualification five times in total, including the issuance of a certificate of farmland acquisition qualification from the head of Toyju-gun G from December 29, 2015 to December 29, 2016.

2. The Defendant Company B, a limited liability company, committed the act of violation as above by a de facto representative at the date, time, and place specified in paragraph 1.

Summary of Evidence

[Judgment]

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes governing the issuance of certificates of qualification for acquisition of farmland, full certificates of real estate registration, applications for certification of qualification for acquisition of farmland, agricultural management plans, and entire descriptions of registration;

1. Relevant Article of the Act and the choice of punishment for the crime;

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

B. Defendant Incorporated Company B: Articles 61, 59 Subparag. 1, and 6(1)1 of the Farmland Act, respectively.