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(영문) 전주지방법원 2018.07.04 2018고단741
농지법위반
Text

Defendant

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

(b).

Reasons

Punishment of the crime

Defendant

A The director of the limited company B, the purpose of which is to distribute, process, sell, etc. agricultural products in the previous North Korea-gun C, was to be registered as the director of the limited company of the defendant agricultural company B, and was registered as the representative director on June 3, 2016.

It 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;

A. Notwithstanding the absence of an intention to actually engage in agricultural management, the Defendant submitted an application for certification of farmland acquisition as if he/she acquired the said farmland for the purpose of agricultural management by stating the purpose of acquiring the farmland of 909 square meters in the E office located in the Seoul Special Self-Governing Province, the former Special Self-Governing Province, which was located in the Seoul Special Self-Governing Province, as “agricultural management” on March 11, 2016, and received a certificate of farmland acquisition from the head of the E-Gun Special Self-Governing Province on March 14, 2016.

B. Notwithstanding the absence of an intention to actually engage in agricultural management, the Defendant submitted an application for certification of farmland acquisition as if he/she acquired the said farmland for the purpose of agricultural management by stating the purpose of acquiring the said farmland in the E office located in the Seoul Special Self-Governing Province of the former Special Self-Governing Province of the Republic of Korea as “agricultural management” on May 6, 2016, and received a certificate of farmland acquisition from the head of the Special Self-Governing Province of the Republic of Korea around May 9, 2016.

2. The Defendant B, a limited liability agricultural company, committed the above offenses in relation to the Defendant’s business at each time and place described in paragraph (1) by a director A, a de facto representative of the Defendant, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (attaching an application for certification of farmland acquisition eligibility, etc.);

1. Application of Acts and subordinate statutes to report on investigation (in whole accompanying documents for registration);

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 59 of the Farmland Act.

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