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(영문) 부산지방법원 2018.11.28 2017고정1931

골재채취법위반등

Text

Defendant

A shall be punished by a fine of KRW 10,000,000 and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a substantial operator of B Co., Ltd. located in the Gangseo-gu Busan Metropolitan Government C Building D.

A person who intends to engage in the business of extracting aggregate shall prepare assets, facilities, equipment, and technical human resources and shall register with the competent authority, and shall not register with the competent authority by fraud or other improper means, and in such cases, the relevant facilities and equipment shall be owned by the person.

On October 2, 2015, the Defendant filed an application for additional registration of aggregate scrap business with the head of Yeongdeungpo-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”). However, on October 29, 2015, the Defendant issued a certificate of manufacture as if he/she had owned tin facilities produced by F Co., Ltd. from G, the representative of the F Co., Ltd. at the E Association Daegu Special Metropolitan City Branch, which vicariously performed the registration business on October 29, 2015, and submitted a false document along with photographs of another person’s tin facilities installed and operated at the site of the construction of the first phase of the I Special Building in Gangseo-gu, Busan Special Metropolitan City (hereinafter “JJ”) to a public official of the Young-gun Special Metropolitan City Office by submitting a false document, along with a certificate of registration of aggregate extraction business under the name of Young-gu Gun, and entered the defective fact in the certificate of registration of aggregate extraction business in the Gangseo-gu Special Metropolitan City by fraudulent or other unlawful means.

2. Defendant B, who is the actual operator of the Defendant, committed a violation by registering the addition of aggregate sorting and crushing business by fraud or other improper means, as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. The legal statement of K Witness;

1. A protocol concerning examination of the police concerning L;

1. Statement made by the police and the prosecutor's office with respect to M, N, and K;

1. Report on internal investigation (the sequence 2, 3, 17, 18 of the evidence list);

1.Each.