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(영문) 제주지방법원 2016.02.17 2015고단1628

골재채취법위반

Text

Defendant

A A The fine of fine of KRW 7,00,000, Defendant B and Defendant C are punished by each fine of KRW 5,000,000.

Reasons

Punishment of the crime

Defendant

A operates a company as the representative director of B corporation located in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, and C corporation located in Seopopo City, Seopo-si, Jeju Special Self-Governing Province, and Defendant B corporation and Defendant C corporation are corporations with the objective of manufacturing concrete.

A person who intends to operate the business of collecting aggregate (the selection and washing of marine aggregate) shall register with the Mayor having jurisdiction over the location of the principal office.

Nevertheless,

1. The Defendant A did not register the business of picking aggregate (e.g. screening and washing of the sea aggregate) and, on February 13, 2001, from around May 31, 201 to around May 31, 201, after being supplied with 383,400 cubic sea sand collected from the sea EZ complex and then used it as concrete materials at the washing facilities installed in the B factory.

2. Defendant B Co., Ltd. committed an act of violation as described in paragraph 1, which is an employee, with respect to his business.

3. Defendant A did not register the business of picking aggregate (the selection and washing of sea aggregate) and, from March 2, 2007 to May 31, 2015, after being supplied with 363,030 cubic meters (lux) of the washing sea sand collected from the Seo Sea EZ complex, Defendant A used the washing facilities installed in a factory in C, with concrete materials.

4. Defendant C Co., Ltd. committed an act of violation as described in paragraph 3, which is an employee, with respect to his business.

Summary of Evidence

1. Requests for cooperation in each investigation ( inquiry about the registration of aggregate extraction business), internal investigation reports (the current status of registration of the business of washing sand from sea); and replies respectively;

1. A certified copy of the corporate registry and the amount of marine sand carried in by year;

1. Application of Acts and subordinate statutes to investigation reports (with respect to suspicion of the distribution of evidence and unfit concrete using sea sand washing facilities);

1. Defendant A: Each of the statutory provisions applicable to the facts constituting an offense and the choice of punishment: Article 49 Subparag. 1 and Article 14(1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply). Defendant B and C: the former.