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(영문) 대전지방법원 서산지원 2016.09.08 2016고단482
농지법위반
Text

1. The punishment of the accused shall be ten months of imprisonment;

2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a substantial representative of D agricultural partnership established for the purpose of agricultural management and incidental business.

No one shall obtain a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraudulent or other illegal means in violation of the restriction on ownership of farmland, and farmland shall not be owned by persons other than those who use or use it for his/her own agricultural

around June 19, 2013, the Defendant: (a) around 59, the Hanjin-si Office in Songjin-si; (b) the fact was intended to purchase the farmland for the purpose of earning profits by selling the land of 818 square meters in Jin-si, Jin-si; (c) the land of 817 square meters in G 817 square meters; and (d) H 817 square meters in Jin-si; and (c) the Defendant did not intend to use the farmland for agricultural management; (d) the certified judicial scrivener did not intend to use the farmland for the purpose of acquiring the farmland, along with the application for the qualification certificate for acquisition of farmland stating the purpose of acquiring the farmland as “agricultural management”, submitted an agricultural management plan stating “the labor force” to the “plan for securing the labor force necessary for the agricultural management of the acquired farmland”; and (d) obtained the qualification certificate for acquisition of farmland for farmland from the head of Songjin-gu, Song

In addition, the Defendant received the qualification certificate for acquisition of farmland from that time until December 1, 2014 by false or other unlawful means, such as entering false facts in the application form for the qualification certificate for acquisition of farmland and the agricultural management plan, at least eight times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each qualification certificate for acquisition of farmland, each application for qualification certificate for acquisition of farmland, each agricultural management plan, and all of the registered matters;

1. Relevant provisions of the Farmland Act and Articles 59 subparagraph 1, 6 (1), and 8 (1) of the same Act that choose the penalty for an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for the suspended sentence) is unfavorable.

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