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(영문) 부산지방법원 동부지원 2018.08.22 2018고단633
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. A person who intends to divert farmland pursuant to Article 38 of the former Farmland Act, who intends to divert farmland, shall pay charges for the conservation, management, and creation of farmland; and when the head of a Si/Gun/Gu grants permission to divert farmland or accepts a report on the diversion of farmland pursuant to Article 45 of the former Enforcement Decree of the Farmland Act, the head of a Si/Gun/Gu shall require the person to pay the said charges in advance or make the payment thereof on the condition of the relevant permission, etc.; therefore, he/she shall confirm whether the said charges have been paid, and shall grant the said permission, etc.

The former Act on Special Measures for the Support of Small Enterprises and Small Entrepreneurs provides that Article 4 of the former Act on the Promotion of Industrial Cluster Development and Factory Establishment shall provide that "if a small enterprise constructs, expands, or relocates a factory in an area other than the Seoul Metropolitan area by a company, the building area of a factory under Article 2 subparagraph 1 of the Act on Promotion of Industrial Cluster or the area of a place of business equivalent thereto of which is less than 1,000 square meters, such farmland preservation charges, etc. shall be exempted."

Defendant is a person who operates B, etc.

The Defendant abused farmland preservation charges exemption system for the establishment of a manufacturing factory on the instant farmland located in Gangseo-gu Busan Metropolitan City without the intention to directly operate a manufacturing factory. The Defendant obtained permission to divert farmland for the establishment of a factory by diverting farmland and obtained development gains at the same time by means of the sale and purchase of the farmland for the purpose of evading development gains. However, the Defendant was willing to receive the amount of the farmland preservation charges exempted from the farmland preservation charges by submitting to the Gangseo-gu Busan Metropolitan Government Government an application for a false building permit, a business plan, an application for permission to divert farmland (or a written request for consultation on diversion of farmland) as if the Defendant directly established and operated a factory.

The defendant is located in Gangseo-gu Busan Metropolitan Government C.

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