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(영문) 제주지방법원 2016.07.06 2016고단142
농지법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall obtain a certification of qualification for acquisition of farmland by fraudulent or other illegal means for the purpose of owning farmland in violation of restrictions on ownership of farmland, and no person shall own farmland for his/her own agricultural management unless he/she uses or uses farmland.

On February 2, 2013, the Defendant purchased three parcels (7,976 square meters) (hereinafter “instant farmland”) of farmland, such as E (6,540 square meters), F (1,126 square meters), G (310 square meters), in Jeju-si, for the purpose of running the business of filling liquefied petroleum gas, as the representative director, (hereinafter “instant farmland”).

On June 4, 2013, the Defendant intended to purchase the said farmland for the purpose of engaging in the business of filling liquefied petroleum gas at the I Eup office located in Jeju-si, Jeju-si, and did not have any idea to use it for the Defendant’s agricultural management. However, a certified judicial scrivenerJ has a public official in charge of the said farmland submit to the public official in charge of the said farmland an application for the certification of qualification for acquiring farmland stated in the purpose of acquiring the said farmland as “agricultural management” and an agricultural management plan stating “self labor” in the plan for securing labor necessary

7. A certificate of qualification for acquisition of farmland has been issued by the head of I Eup/Myeon.

As a result, the Defendant was issued a certificate of farmland acquisition for the purpose of owning farmland in violation of farmland ownership restriction by fraud or other improper means.

Summary of Evidence

1. Part of the defendant's legal statement;

1. A complaint filed by the head of the I Eup/Myeon, a certificate of qualification for farmland acquisition, an application for certification of qualification for farmland acquisition, and an agricultural management plan;

1. Request for examination, outline of application for permission, confirmation of land use plan, and all certificates of each registered matter, such as whether facilities are available following the application for permission for LPG gas filling business;

1. The actual survey report and on-site photographs;

1. An application for permission to charge liquefied petroleum gas, and written consent to the use of land;

1. Statement statement made by each police with respect to K (public official of the I Eup/Myeon office);

1. Investigation report (attached data relating to acceptance of a report on felling standing timber for agricultural management);

1. A report on investigation (referring to an application for a report);

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