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(영문) 수원지방법원 2017.06.13 2017고단1673

골재채취법위반

Text

Defendant

A shall be punished by imprisonment for four months, by a fine of KRW 5,00,000,00,000.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A stock company B is a corporation that produces and sells aggregate from the population D in the city of tolerance, and the defendant A is a person who actually runs the above corporation B and intends to run the aggregate extraction business shall register with the competent authority having jurisdiction over the location of the principal office.

1. Defendant A lent the name of the registration of aggregate extraction business, but was subject to a disposition of business suspension for three months from the acceptable market. As the business suspension period was discovered during the period of business suspension and the registration of aggregate extraction business was revoked on May 6, 2015, Defendant A was allowed to operate aggregate extraction business for a limited period until July 31, 2015.

Nevertheless, the Defendant, from October 20, 2016 to December 13, 2016, engaged in aggregate extraction business without registering aggregate extraction business with the competent authorities.

2. Defendant B, the representative A, in relation to the Defendant’s duties, violated the relevant laws and regulations by doing aggregate extraction business without registering it with the competent authority as stated in the foregoing paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (verification of the situation as at the time of crackdown on the other party responsible for accusation);

1. The fourth accusation against a violation of the Aggregate Extraction Act in preparation of the illegal market;

1. Application of statutes governing certified copies of corporate registers;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 49 subparag. 1 and Article 14 subparag. 1 of the Aggregate Extraction Act; Articles 49 subparag. 1 and 14(1) of the same Act;

(b) Defendant B: Articles 51, 49 subparag. 1, and 14(1) of the Aggregate Extraction Act

1. Defendant A under suspended execution: Article 62(1) of the Criminal Act (the Defendant, despite having been sentenced to a fine of five million won for the same kind of crime on September 28, 2016, committed the instant crime, and there is a fact that it is necessary to severely punish the instant crime, or that the Defendant does not repeat again with recognizing his mistake.