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(영문) 대전지방법원 서산지원 2017.08.10 2017고단310
농지법위반
Text

[Defendant A]

1. The sentence against the accused shall be 15,000,000 won;

2. The above fine shall not be paid by the defendant.

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. Defendant A is a de facto representative of a D agricultural partnership established for the purpose of real estate development, sale, etc.

After acquiring farmland in the name of the above farming association corporation, the Defendant, in the name of Jin-si E and F, intended to sell the farmland to those who do not intend to engage in agricultural management in the said farmland by dividing it into subdivisions or shares, and was issued a certificate of qualification for acquisition of farmland by false or other unlawful means on six occasions on the aggregate of 28 lots of farmland in total, as shown in the attached list of crimes in the attached Table of crimes, including by submitting an application for certification of qualification for acquisition of farmland attached with a false agricultural management plan stating the intention to engage in agricultural management in the said farmland in Jin-si Office around April 22, 2014.

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

2. Defendant B is a person who serves as a secretary at the JA certified judicial scrivener office located in JA in JA as the case.

On July 10, 2014, the Defendant: (a) at the L Office located in K at the time of Jin-si on the following day; (b) without the intention of A, the actual representative of D farming association; and (c) without the intention of A, the Defendant, at the time of Jin-si on the same day; and (d) even though he was well aware that he would obtain gains from selling and selling the said farmland immediately, the Defendant prepared a false agricultural management plan and a written application for certification of farmland acquisition with the purport that D farming association will carry out agricultural management through its own labor in the “M et al. and four parcels of land at the time of Jin-si” to facilitate this.

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