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(영문) 대구지방법원 2020.09.09 2019고단5821 (1)
농지법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

B is a corporation that actually operates the defendant, and the defendant is a corporation that aims at corporate agricultural management.

No person, other than those who use or use farmland for his/her own agricultural management, shall obtain a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraudulent or other illegal means, such as failure to own farmland, etc.

Nevertheless, on May 7, 2015, B was issued a qualification certificate for acquisition of farmland on May 13, 2015 by submitting to the public officials in charge of issuing the qualification certificate for acquisition of farmland for the following reasons: (a) the purpose of obtaining market price gains by purchasing farmland of “1,141 square meters prior to Pyeongtaek-si” and selling it to another person immediately after purchasing the said farmland; (b) as if he/she purchased the said farmland and uses it for his/her own agricultural management, he/she was issued a qualification certificate for acquisition of farmland on May 13, 2015 by submitting the following: (c) the term “Mu, bean,” “Mu, five-month period,” “Continuance period at the time of commencement of farming,” and “Continuance of farming in the future.”

The Defendant, at the same time and place as above, was issued the qualification certificate for acquisition of farmland by fraudulent or other illegal means with respect to the Defendant’s business.

Summary of Evidence

1. Application of each Act and subordinate statutes on criminal investigation reporting to request cooperation for investigation by ten copies of a full certificate of the registered matters of each prosecutor's statement made by the prosecution against B and each written statement made by the prosecution against E (including two copies of a written confirmation of land use planning, ten copies of land cadastre, one copy of an application for a qualification certificate for acquisition of farmland, one copy of an agricultural management plan, one copy of a qualification certificate for acquisition of farmland, one copy of a

1. Article 61, subparagraph 1 of Article 59, and Article 6(1) of the former Farmland Act (wholly amended by Act No. 16073, Dec. 24, 2018) regarding criminal facts

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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