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(영문) 대구지방법원 영덕지원 2016.11.30 2016고단198

골재채취법위반

Text

Defendant

A and C shall be punished by imprisonment for six months, and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

C On June 3, 2015, the Daegu District Court was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties, and the judgment became final and conclusive on June 11, 2015.

1. A person who has obtained permission to extract aggregate from a defendant shall extract aggregate in accordance with the permission, such as the permitted area and period for extraction;

Nevertheless, around November 18, 2013, the Defendant, upon obtaining permission to extract aggregate in the name of G through the representative H of the G Co., Ltd., operated the land aggregate extraction business on the I and three parcels of land outside Yong-gun, and from that time, collected aggregate in excess of 15,171 cubic meters of the permitted volume from March 31, 2014, in total exceeding 26,700 cubic meters.

As a result, the Defendant extracted aggregate unlike the permitted aggregate extraction quantity.

2. A person who has obtained permission to extract aggregate from Defendant B or C shall extract aggregate in accordance with the permission terms and conditions, such as the permitted area and period of extraction.

Nevertheless, on March 31, 2014, the Defendants jointly carried out the land aggregate extraction business on three lots outside JJ, and operated the land aggregate extraction business on three occasions, including H, from that time, after obtaining permission for aggregate extraction in the name of G from the representative of the G Co., Ltd., and thereafter, collected aggregate in excess of the total amount of 20,566 cubic meters exceeding 47,164 cubic meters from that time on February 28, 2015.

As a result, the Defendants jointly extracted aggregate unlike the permitted aggregate extraction quantity.

Summary of Evidence

[Article 1] Defendant A’s legal statement H, K, and police interrogation protocol, N,O, P, and Q, each police officer’s statement statement statement statement, tax invoice, etc., passbook transaction details and tax invoice, passbook transaction (A) transaction details, passbook transaction [agricultural Cooperatives in the name of G], passbook transaction details (A’s name) transaction details, passbook transaction details, passbook transaction report (agricultural Cooperatives in the name of the Ministry of Information and Communication), investigation report (ACF's attachment of copy of seized articles), investigation report (a photograph of the execution process of warrant of search and seizure verification against Defendant S), investigation report (a related public document submitted by N in charge of permission of aggregate extraction), etc.