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(영문) 수원지방법원 2016.09.01 2015고단2126

골재채취법위반

Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of five million won.

except that this judgment.

Reasons

Punishment of the crime

1. A person who intends to operate a business collecting aggregate for Defendant B shall register the aggregate extraction business with the competent authority having jurisdiction over the main location of the business, and shall file a report on the selection and crushing of aggregate for each place of business, if the annual production of aggregate is at least 1,00 cubic meters away from the registration of the aggregate extraction business, separately from the registration of the aggregate extraction business;

Nevertheless, on November 2014, Defendant B Co., Ltd., without filing a report on the selection and crushing of aggregate aggregate, installed aggregate scrapers, aggregate sorting machines, rainers, and digging machines, etc., and produced and sold aggregate 110,172 cubic meters in aggregate from around that time to March 2015, such as gravel using aggregate scrapers, aggregate sorting machines, and 19,754 cubic meters from around that time, and produced and sold aggregate 110,172 cubic meters in aggregate, as stated in the attached list of crimes.

2. Defendant A Co., Ltd. is a legal entity established for the purpose of running the wholesale, retail, and sales business of aggregate.

Defendant

A produced and sold aggregate in relation to the business of Defendant B corporation at the same time and place as in the preceding paragraph without reporting as above.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. A report on investigation (as to the output of aggregate B)

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Defendant A of the pertinent legal provision regarding criminal facts: Articles 51, 50 subparagraph 5, and 32 (1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) and Article 32 (1) Defendant B: Subparagraph 5 of Article 50 and Article 32 (1) of the former Aggregate Extraction Act;

1. Defendant A: Defendant B, who was selected to imprisonment with prison labor: Selection of fine;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A has majority of the previous districts, that there is no previous conviction exceeding the fine, and that there is the age, character and conduct, environment, etc. of the defendant.