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(영문) 대구지방법원 서부지원 2017.07.14 2016고단2843
농지법위반
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for ten months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of F Agricultural Partnership and G Real Estate Company G for the purpose of selling and selling real estate for the purpose of agricultural management, etc., Defendant C is the former director of the said Corporation, and Defendant B is the director of the said Corporation.

Since farmland is not owned by a person who uses or uses farmland for his/her own agricultural management, it shall not be issued a certification of qualification for acquiring farmland by fraud or other improper means for the purpose of owning farmland in violation of such restriction of ownership.

Nevertheless, in order to obtain gains from trading by selling and selling farmland within a short period, the Defendants planned to illegally obtain certification of farmland acquisition qualification as follows, after having fulfilled their own farmland as if they were used for agricultural management, etc.

The Defendants: (a) around August 21, 2012 according to such Gu Do, at the Myeon Office located in Yong-si, Young-gu, Chungcheongnam-do; (b) around August 201, 2012, the Defendants: (c) prepared an agricultural management plan, etc. to the effect that the Defendants would engage in agricultural management by using their own labor even if they did not intend to use the land under the name of F farming association; and (d) submitted it to a public official in charge of being aware of the fact through a certified judicial scrivener; (c) received a certificate of farmland acquisition qualification from the head of I Myeon to November 20, 2013; and (d) obtained a certificate of farmland acquisition qualification of 6,955 square meters in total over 11 times in total, as shown in the List of Crimes, and thereafter acquired the ownership of the relevant farmland.

As a result, the Defendants were jointly issued a farmland acquisition qualification by false or other unlawful means for the purpose of owning farmland of 6,955 square meters in total over 11 times as above.

Summary of Evidence

1. Defendants’ legal statement

1. A certified copy of the corporate registry (F farming corporations), and a certified copy of each corporate registry;

1. The date of issuance of a certificate of qualification to acquire farmland and the date of issuance of a certificate of qualification to acquire farmland;

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