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(영문) 대전지방법원 서산지원 2017.06.23 2017고단309
농지법위반
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won, and Defendant C shall be punished by a fine of 20,000.

Reasons

Punishment of the crime

Farmland shall not be owned by any person other than those who use or use farmland for his/her own agricultural management, and shall not be issued with a certificate of qualification for acquiring farmland by fraud or other improper means for the purpose of owning farmland in violation of such provision.

1 The defendant A who is the defendant is the representative director of the farming association C established for the purpose of management of agriculture and incidental business.

The Defendant: (a) acquired farmland in the name of the said agricultural partnership in Jin-si, G Eup; (b) had the intent to sell farmland in lots to persons who did not intend to engage in agricultural management in the said farmland by dividing it into subdivisions or shares; and (c) had the intent to obtain profits from the sale thereof; and (d) had the F-Myeon Office located in J in Jin-si, Jin-si, Seoul, submitted an application for certification of farmland acquisition qualification accompanied by a false agricultural management plan stating the intention to engage in agricultural management in “(2,175 square meters in Jin-si, Jin-si, I”; and (b) issued a certificate of farmland acquisition qualification to the said farmland from the head of the F-Myeon on December 5, 2013, as indicated in the annexed list of crimes, on seven occasions in total, 125,575 square meters of farmland as indicated in the annexed list of crimes.

Ultimately, the Defendant was issued a certificate of farmland acquisition by fraud or other improper means.

2. Defendant B is a person who served as a secretary at the K Certified Judicial Scriveners Office in the J of J of the relevant city from around March 2011 to March 2016.

On December 12, 2014, the Defendant: (a) at the G Eup office located in Jin-si L in Jin-si around December 12, 2014; and (b) at the G Eup office of the said G Eup without a consent of the representative director of the farming association corporation C to obtain gains from selling the said farmland immediately; and (c) notwithstanding the fact that he was well aware that he would obtain gains from selling the said farmland by selling it in lots, the Defendant is a false agricultural management plan stating that C is engaged in agricultural management through his own labor in the “Y in Jin-si” to facilitate this.

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