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(영문) 제주지방법원 2016.02.17 2015고단1629

골재채취법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is substantially in-house directors in Jeju Special Self-Governing Province, and Defendant B is a corporation 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. Defendant A did not register the business of extracting aggregate (the selection and washing of the sea aggregate) and did not register the business of extracting aggregate from April 3, 2006 to June 22, 2015, Defendant A used the washing facilities installed in B factory after being supplied with 398,100 cubic meters (luor) of the clean sea sand collected from the Seo Sea EZ complex from April 3, 2006 to using concrete materials.

2. Defendant B, as an employee, committed an act of violation as described above with respect to his business.

Summary of Evidence

1. Defendants’ respective legal statements

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. 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) on the basis of the relevant criminal facts and subparagraph A of a sentence: Articles 51, 49 Subparag. 1 and 14(1) of the former Aggregate Extraction Act;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended: Fine of two million won);

1. Attraction of a workhouse (Defendant A): It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) (100,000 won per day) of the Criminal Act or more;

The defendants, on the grounds of the suspension of sentence, are obliged to supply the marine aggregate extraction business operators of Jeju Special Self-Governing Province with no washing of the marine sand so that the defendants are inevitably equipped with washing facilities in the ready-mixed factory and sea sand.