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(영문) 전주지방법원 2018.08.08 2018고단759
농지법위반
Text

Defendant

A shall be punished by a fine of KRW 8,000,00, and by a fine of KRW 5,000,000,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B with limited liability, the purpose of which is to produce local food and wholesale and retail business in Jeonju-si, Jeonju-si.

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;

Notwithstanding the fact that the Defendant did not intend to actually engage in agricultural management, the Defendant submitted an application for certification of farmland acquisition qualifications prepared as if he/she acquired the said farmland for the purpose of agricultural management by stating the purpose of acquisition of 5,812 square meters in the E office located in Seoul Special Self-Governing Province, from September 1, 2015 to F. 5,812 square meters in the former Special Self-Governing Province, and received a certificate of farmland acquisition from the head of Special Self-Governing Province E around September 2, 2015.

2. The Defendant Company B, a limited liability company, committed the above violation in relation to the Defendant’s business at the date and time, and at the place, A, a representative of the Defendant, committed the above violation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to investigation reports (necessary to investigate the planned real estate), investigation reports (attached to an application for certification of farmland acquisition qualifications), investigation reports (attached to all the registered certificates);

1. Article 59 subparagraph 1 of the farmland Act, Article 6 (1), and Article 8 (1) of the same Act, and Article 8 (1) of the same Act, and Article 61, Article 59 subparagraph 1 of the same Act, Article 6 (1), and Article 6 (1), and Article 8 (1) of the Farmland Act, for a limited liability agricultural company B:

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) a person who is not engaged in agriculture on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, or a person engaged in agriculture on the grounds of sentencing under Article 334(1) of the said Act, in principle, damages the intent of the farmland law that prohibits the ownership of farmland; (b) a large scale of the subject farmland; and (c) the Defendants sold

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