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(영문) 서울중앙지방법원 2017.01.12 2016고단7950
농지법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[criminal records] On May 11, 2015, the Defendant was sentenced to a suspended sentence of two years in one year and six months, and the judgment became final and conclusive on June 22, 2015, for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Central District Court.

[Criminal facts] No person may obtain certification of farmland acquisition from the competent authority unless he/she uses or uses it for his/her own agricultural management.

Nevertheless, the Defendant, while operating an agricultural company E, filed an application for a certificate of farmland acquisition in the name of the said corporation to acquire the farmland in the F-Myeon Office located in Pyeongtaek-si on April 17, 2014 without an intention to use it for agriculture, and filed an application for a certificate of farmland acquisition to acquire the farmland in the name of the said corporation.

After false entry and issuance of a certificate of farmland acquisition qualification on the same day, it was issued with false certification of farmland acquisition qualification 16 times in total from around that time to December 16, 2014, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each written accusation and accompanying documents;

1. Criminal records as indicated in the judgment: To respond to inquiries, such as criminal history, and to the search of the Konet case, and the application of the text of the judgment;

1. Article 59 Subparag. 1, Articles 6, and 8(1) of the former Farmland Act (amended by Act No. 12812, Oct. 15, 2014; hereinafter the same shall apply), each of the statutory provisions applicable to criminal facts, and each of the choice of imprisonment, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Based on the grounds for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions as indicated in the instant trial process, such as the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The period of crime is not shorter, and there is a lot of frequency of crime.

The favorable circumstances: Each of the crimes of this case.

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