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(영문) 대구지방법원 포항지원 2016.10.05 2016고단1050
농지법위반
Text

Defendant

A shall be punished by imprisonment for one year, and by a fine of 10,000,000 won for Defendant Incorporated Company B.

Reasons

Punishment of the crime

No farmland shall be issued with a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraudulent or other illegal means without being used or used for his/her own agricultural management, in violation of such restriction.

Nevertheless, Defendant A acquired farmland and sold it to a person who is not a farmer immediately, and obtained a certificate of acquisition of farmland for the purpose of tax reduction and exemption by illegal means, and furthermore, Defendant A claimed to be established for the purpose of externally processing and selling agricultural products to receive tax reduction and exemption benefits, but in fact, acquired farmland and sold the difference to those who are not a farmer immediately after acquiring it, Defendant A acquired Defendant C Co., Ltd., Ltd., which is the most agricultural corporation established for the purpose of so-called planning real estate business, and acquired it from December 22, 2015 to become the representative director of the same corporation and received it in the name of the same corporation in the above manner.

1. Defendant A

A. On December 26, 2013, the Defendant violated the Farmland Act in his/her personal name: (a) purchased KRW 221,292 square meters J 221,00,000, Nam-gu, Nam-gu, Chungcheongnam-gu, the farmland of which is the farmland on December 26, 201; and (b) there was an idea to sell KRW 52,800,000 to K on January 21, 2014; (c) notwithstanding that he/she did not intend to purchase the said farmland and use it for his/her own agricultural management; and (d) on January 3, 2014, the Defendant submitted an application for the qualification certificate for acquisition of farmland attached with the false agricultural management plan to “the Defendant acquires and uses it for farming with the maximum amount of KRW 49,00,00,00,000 to K as stated in the attached Table 1 of the crime list.”

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