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(영문) 인천지방법원 2011.01.12 2010고단2873
농지법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Upon the commencement of the voluntary auction on May 2, 2008, the Defendant: (a) had been working as the representative director and E-auditor, and (b) had the right to own farmland in violation of the restriction on ownership, inasmuch as the Defendant did not use or own the farmland for his own agricultural management; (c) had the right to own the farmland in violation of such restriction on ownership.

Around February 23, 2009, the Defendant entered the instant farmland into a false entry of “agricultural management” in the column for acquisition of farmland in the instant farmland, and submitted the said application to the public official in charge and received the qualification certificate for acquisition of farmland from the head of Bupyeong-gu Office around February 25, 2009, by using his own labor force, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Each prosecutor's protocol of examination of the accused;

1. The suspect interrogation protocol of some police officers (one time, two times) against the accused;

1. Investigation report (276 pages of the hearing of statements from a reference witness, investigation records), investigation report (to listen to the hearing of statements from a reference witness, 915 pages of the investigation records), investigation report (to listen to the I telephone statement from a reference witness, and 251 pages of the investigation records);

1. Issuance and issuance of an application for a qualification certificate for acquisition of farmland, agricultural management plan and qualification certificate;

1. Application of the real estate register, certified transcript of corporate register, or statutes;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraphs 1 and 6 of Article 59 of the Farmland Act which choose to impose a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's and his defense counsel's arguments are described above.

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