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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the misunderstanding of legal principle) and the evidence submitted by the prosecutor, Defendant A, the operator of Defendant C Incorporated Company B (hereinafter “Defendant B”), was issued a qualification certificate for acquisition of farmland on two occasions by fraudulent or other illegal means, and Defendant A’s violation was related to Defendant B’s business.
2. Determination
(a) No farmland shall be acquired with a qualification certificate for acquisition of farmland for the purpose of owning farmland by fraud or other improper means without being used or used for his/her own agricultural management, in violation of this provision;
1. Defendant A, as an operator of Defendant B, did not intend to own the farmland, the said Defendant acquired the land of 992 square meters in the name of Defendant B in Chungcheongnam-si, Chungcheongnam-si, and did so by selling it in lots to those who did not intend to engage in agricultural management in the said farmland by dividing it into subdivisions or shares.
Around February 26, 2013, the Defendant: (a) prepared a false agricultural management plan stating that “A e-Myeon office located in Chungcheongnam-si, Chungcheong-si, Chungcheongnam-si will acquire 992 square meters and cultivate a farmland with self-labor power; and (b) submitted it to the application form for the qualification certificate for acquisition of farmland; (c) obtained the qualification certificate for acquisition of farmland of 992 square meters for Chungcheong-si, Chungcheongnam-si, Chungcheongnam-si; and (d) around April 4, 2014, the said E-Myeon office prepared a false agricultural management plan stating that “A 331 square meters in Chungcheongnam-si, Chungcheongnam-si, would grow rice with self-labor power; and (d) received the qualification certificate for acquisition of farmland of 331 square meters in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and submitted it to the application form for the qualification certificate for acquisition of farmland.” (e.g., around April 8, 2014)
As a result, the above defendant was issued a qualification certificate for acquisition of farmland on two occasions by fraudulent or other illegal means.
2. Defendant B.