1. A person who intends to operate a business collecting aggregate from defendant A shall register with a competent authority, and a person who intends to extract aggregate shall obtain permission from the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without registering the extraction business of aggregate, has extracted aggregate from Gosung-gun E in total from February 1, 2016 to June 2017 without obtaining permission to extract aggregate.

2. Defendant B, a representative of the Defendant, committed a violation of the Aggregate Extraction Act in relation to the Defendant’s business, as described in paragraph (1).

2. According to the following facts and circumstances revealed through the records of the instant case, the evidence submitted by the prosecutor alone is that the Defendants either intended to operate the aggregate extraction business or the F Co., Ltd. (in the case of a stock company, hereinafter referred to as “stock company”) should separately obtain permission for aggregate extraction in addition to obtaining permission for aggregate extraction.

It is difficult to see it.

(A)F is a person who has registered the extraction business of aggregate to a high-level Gun and has obtained permission to extract aggregate.

When the company operation fund of F was insufficient, the directors of F set up Defendant B by additionally inviting the third party shareholders, and Defendant B lent more than KRW 600 million to F and invested more than KRW 500 million.

B) Defendant B entered into an aggregate production contract with F for the smooth recovery of loans and investment funds. According to the above contract, Defendant B is responsible for all production (Article 1-3).

(B) Where necessary, Defendant B should actively support the transfer of equipment under his own possession to F in the name of F (Article 2-2(b) and the number of personnel directly necessary for production is Defendant B and others.