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(영문) 춘천지방법원 강릉지원 2018.08.16 2018고정71
농지법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A shall not own farmland unless it is a person who uses or uses it for his/her own agricultural management: Provided, That even if it is not for his/her own agricultural management, he/she may own farmland for the purpose of diversion of farmland, but in such cases, he/she shall complete consultation on the diversion of farmland;

No one shall obtain certification of farmland acquisition for the purpose of owning farmland by fraud or other improper means in violation of the foregoing restriction on farmland ownership.

The Defendant, as a shareholder of C Co., Ltd. established for the purpose of collecting aggregate, Do, retail business, etc., acquired farmland in D (207 square meters) without an intention of agricultural management, and used it exclusively for the purpose of using it as a material storage yard of the said company. On June 23, 2016, the Defendant filed an application for the F View Civil Service for the acquisition of farmland in E and the certification of qualification for acquiring the said farmland in an office, and filed an application for the certification of qualification for acquiring the said farmland in the above farmland, along with the application for the certification of qualification for acquiring the said farmland stated “the purpose of acquisition” as “agricultural management” with the application for the certification of qualification for acquiring the said farmland, and obtained the certification of qualification for acquiring the said farmland.

As a result, the Defendant was issued a certificate of farmland acquisition by fraud or other improper means.

2. On June 23, 2016, Defendant B was a public official in charge of the issuance of a certificate of qualification for farmland acquisition at a F civil petition and office located in E around June 23, 2016, and received an application, etc. for certification of qualification for farmland acquisition from A as described in the foregoing paragraph (1).

In such cases, the public official in charge shall be the area of the farmland to be acquired according to the application for certification of qualification for acquiring farmland, the entries of the agricultural management plan, resident registration, and the original part of the farmland, and the labor force suitable for agricultural management

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