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(영문) 울산지방법원 2017.03.30 2016고단4011
농지법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of ten million won for Defendant Incorporated Company B.

(b).

Reasons

Punishment of the crime

Defendant

A is the representative director of the agricultural corporation B, and the defendant corporation B is a corporation established for the purpose of real estate sale and sales agency business.

Farmland shall not be owned by any person other than those who use or use farmland for his/her own agricultural management, and shall not be issued with a certificate of qualification for acquiring farmland by fraud or other improper means for the purpose of owning farmland in violation of such provision.

1. On February 4, 2013, Defendant A: (a) purchased farmland and issued a certificate of qualification for acquisition of farmland by submitting an application for certification of qualification for acquisition of farmland with an agricultural management plan for the purpose of selling it with a view to selling it as a profit-making device, and owning it with a view to owning a size of 281 square meters prior to Yeongdeungpo-si, Youngcheon-si, farmland; and (b) purchased the said farmland on February 22, 2013 and owned it.

The Defendant, from that time until February 16, 2015, was issued a certificate of qualification for acquisition of farmland in an unlawful manner, even though there was no plan to use the farmland for a total of 85 times in the same manner as the list of crimes in the attached Form.

2. The Defendant Co., Ltd. (Defendant Co., Ltd.) issued a certification of qualification for acquisition of farmland by unlawful means despite the absence of a plan to use the Defendant’s business as the representative of the Defendant’s agricultural management at around the time of paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police with H;

1. A written accusation;

1. Application of investigation reports (including the current status of purchase and sale of farmland), investigation reports (Attachment of certification of qualification for acquisition of farmland) (including certification of qualification for acquisition of farmland), and statutes;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 59 subparag. 1 and Article 6 subparag. 1 of the former Farmland Act (Amended by Act No. 12812, Oct. 15, 2014); Article 59 subparag. 1 of the Farmland Act.

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