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(영문) 인천지방법원 부천지원 2016.06.02 2016고정249

골재채취법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on January 30, 2015, and the said judgment became final and conclusive around February 7, 2015.

Limited Company B, which is substantially operated by the Defendant, obtained permission for aggregate extraction from the number of Yong-deok-gun as the period of gathering prearranged area “Seoul-gun and 8 parcels,” “from January 7, 2010 to November 30, 2012,” and “39,000 cubic meters ( sand, gravel)”, etc.

Although the Defendant did not obtain approval for the amendment of the above permitted contents from the number of Young-gun, the Defendant extracted aggregate from January 201 to October 30, 2012, from the above collected prearranged area to 32,335 cubic meters exceeding 71,335 cubic meters in cubic meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of suspect interrogation (list 35), and statement statement protocol (list 34) of the police with regard to D;

1. Written accusation (List 1);

1. Each permit for collection (list 24,28);

1. Before judgment: Application of reference materials to be submitted by prosecutors on May 25, 2016 (two copies of the final and conclusive judgment on February 7, 2015).

1. Article 49 Subparag. 5 and the main sentence of Article 25 of the relevant Act and the former Aggregate Extraction Act (wholly amended by Act No. 12970, Jan. 6, 2015); the selection of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The confession, reflect, and unfavorable circumstances: A criminal record for the same kind of offense is identical, the amount exceeding the permission is extremely high, and the recovery is not restored to original state. Other: A crime of which judgment has become final and conclusive from September 18, 2010 to November 8, 201 of the same year by borrowing KRW 300 million in total from victims as funds for aggregate extraction business without intent or ability to repay, and in the process, forging and uttering private documents, etc.; equity with the case of a judgment at the same time, the maximum statutory penalty at the time of the fine, etc.