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(영문) 서울중앙지방법원 2018.07.05 2017고단6613
농지법위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged shall not be owned by any person other than those who use or use farmland for his/her own agricultural management, and shall not obtain certification of qualification for acquisition of farmland by fraud or other improper means for the purpose of owning farmland in violation of such provision;

A. The Defendant, as an operator of the agricultural company B, acquired the land under the name of the agricultural company B in Chungcheongnam-si Co., Ltd. even though he did not intend to do so, the Defendant sold the land to those who did not intend to engage in the agricultural business in the said farmland by dividing it into subdivisions or shares, thereby gaining profits from the sale thereof.

Around February 26, 2013, the Defendant prepared a false agricultural management plan stating that “A person intends to cultivate a farmland with his/her own labor by acquiring 992 square meters at the E-Myeon Office located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si,” and attached a written application for certification of farmland acquisition. Around February 28, 2013, the Defendant was issued a certificate of farmland acquisition of 992 square meters from the E-si, Chungcheongnam-si, Chungcheongnam-si, and around April 4, 2014, issued a false agricultural management plan stating that “A person intends to grow rice with his/her own labor by acquiring 331 square meters at the E-si, Chungcheongnam-si, Chungcheongnam-si, and by submitting a written application for certification of farmland acquisition.” Around April 8, 2014, the Defendant was issued a certificate of farmland acquisition with respect to 331 square meters from the E-si, Chungcheongnam-si, and issued a certificate of farmland acquisition.

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

B. Defendant Company B is a corporation established around February 25, 2013 for the purpose of real estate sales and development business.

A, an operator of Defendant A, committed a violation twice as described in paragraph 1 with respect to the Defendant’s business.

2. According to the evidence duly adopted and examined by this court, each of the above facts charged shall be applied for certification of farmland acquisition.

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