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(영문) 전주지방법원 2018.03.29 2018고단259
농지법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of three thousand won,00,000 won for Defendant Incorporated Corporation B.

(b).

Reasons

Punishment of the crime

1. No person who intends to obtain a certification of qualification for acquiring farmland by fraudulent or other illegal means for the purpose of owning farmland in violation of restrictions on the ownership of farmland, and no person other than those who use or use farmland for his/her own agricultural management shall own farmland;

On March 2017, the Defendant purchased the previous Jinan-gun C (635 m2) and D (140 m2) with a view to newly constructing a house by implementing a housing site development project around March 2017 as the representative director of an agricultural company B.

On March 14, 2017, the Defendant intended to purchase the said farmland for the purpose of constructing a new house by implementing housing development projects and, notwithstanding the Defendant’s intention to use the said farmland for agricultural management, submitted an agricultural management plan stating the purpose of acquiring the said farmland as “agricultural management” and the plan for securing labor necessary for the agricultural management of the farmland to a public official in charge of the said farmland, and received a certificate of qualification for acquisition of farmland from the head of the FMyeon Office in Jinan-gun, Jinan-gun, Seoul on the following day.

As a result, the Defendant was issued a certificate of farmland acquisition for the purpose of owning farmland in violation of farmland ownership restriction by fraud or other improper means.

2. Defendant Incorporated Company B is a corporation established for the purpose of distributing, processing, selling, exporting, etc. agricultural products.

The defendant, who is the representative director, was issued a certificate of qualification to acquire farmland by fraudulent or other illegal means with respect to the defendant's business at the same time and place as paragraph (1).

Summary of Evidence

[Judgment]

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes governing the issuance of certificates of qualification for acquisition of farmland, full certificates of registration of land, applications for certification of qualification for acquisition of farmland, and entire matters registered;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 59 Subparag. 1 of the Farmland Act.

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