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(영문) 대전지방법원 서산지원 2016.09.09 2016고단483
농지법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of C Incorporated Co., Ltd. established for the purpose of management and incidental business of agriculture in Daegu Suwon-gu B.

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

Around April 8, 2014, the Defendant: (a) sold farmland, which is farmland, and intended to purchase for the purpose of earning profits by selling 218 square meters prior to the date of Jin-si, Jin-si; and (b) did not have any idea to use it for the agricultural management of the Co., Ltd.; (c) had a certified judicial scrivener submit an agricultural management plan stating “self-work force” to “a plan for securing labor necessary for the agricultural management of acquired farmland” along with an application for certification of farmland acquisition required for the purpose of acquiring farmland; and (d) received a certification of qualification for acquiring farmland from the head of Jin-si, Jin-si, Seoul, as of April 14, 2014.

In addition, from that time until January 8, 2015, the Defendant was issued a certificate of farmland acquisition qualification by false or other unlawful means, such as entering false facts in the application form for certification of farmland acquisition and the agricultural management plan in total nine times, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written self-sufficiency of H, I, and J;

1. Each accusation;

1. Application of the Acts and subordinate statutes of the transaction contract, reporting, application for certification of farmland acquisition qualifications, application for certification of farmland acquisition qualifications, application for certification of entire matters to be registered by an agricultural corporation, C agricultural corporation, full certificate of all matters to be registered in each farmland, full certificate of all matters to be registered in each farmland, status of farmland violation, status of farmland acquisition, and examination of qualification for farmland

1. Relevant legal provisions and the former Farmland Act ( October 2014) of which punishment is chosen for facts constituting an offense;

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