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(영문) 서울중앙지방법원 2013.10.17 2013고단5261
농지법위반
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall obtain a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraudulent or other illegal means for the purpose of owning farmland in violation of restriction on ownership of farmland, and no farmland shall be owned by persons other than those who use or use the farmland

Around March 2012, the Defendant intended to purchase the land E (land category: 1,987 square meters) of Gyeonggi-gun, Gyeonggi-do, which is farmland, for the purpose of obtaining profits from selling the land by dividing it into the fluence of Gyeonggi-gun Office, and did not think that it would be used for the Defendant’s agricultural management. However, the Defendant had a certified judicial scrivenerF submit an agricultural management plan stating “self-work ability” to the “plan for securing labor force necessary for the agricultural management of acquired farmland” along with the qualification certificate for acquisition of farmland stating the purpose of acquisition as “agricultural management.” Around March 20, 2012, the Defendant was issued the qualification certificate for acquisition of farmland from the head of the Fluju-Gun written fluence on farmland.

The Defendant received the qualification certificate for acquisition of farmland from December 2, 2010 to June 2012 by false or other unlawful means, such as entering false facts in the application form for the qualification certificate for acquisition of farmland and the agricultural management plan on 12 occasions as shown in the annexed sheet of crime committed.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each qualification certificate for acquisition of farmland, each qualification certificate for acquisition of farmland, each agricultural management plan, each land cadastre, and each registration;

1. Article 59 subparagraph 1 of the Farmland Act, Article 6 (1), and Article 8 (1) of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The farmland of two parcels is simply one or two pieces of punishment for the defendant, who has been sentenced twice to a fine and has no previous conviction for the same reason, because the defendant has been convicted of his errors in the sentencing factors.

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