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(영문) 부산지방법원 서부지원 2017.09.26 2017고단1003

골재채취법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the operator of the "C" in Gangseo-gu Busan Metropolitan Government B.

A. From January 5, 2016 to December 31, 201 of the same year, the Defendant supplied earth and sand generated at the construction site of the following day and sold the aggregate sand, which was divided into aggregate screening period as indicated in the list of crimes in attached Table 12,040 cubic meters (a total of KRW 120,400,000,000), to transaction partners, such as macrobuk facilities, etc.

As a result, the Defendant, without registering with the competent authorities, engaged in the business of extracting aggregate (the business of screening and crushing aggregate); and selected aggregate without reporting to the competent authorities.

B. Although the Defendant is required to obtain certification that aggregate extraction business entities or persons who sell aggregate meet the Korean industry standards or sell aggregate that meets the quality standards by usage of aggregate, the Defendant sold aggregate not certified or not conforming to the quality standards, such as the list of crimes in the attached Table, at the same time and time as the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (attached to field photographs);

1. Application of Acts and subordinate statutes to report internal investigation (the submission of sales and purchase letters);

1. Article 49 of the relevant Act on the facts constituting an offense and Article 49 subparagraph 1, Article 14 (1), Article 49 subparagraph 7, Article 32 (1), Article 49 subparagraph 4-2, Article 49 and Article 22-4 (1) of the Aggregate Extraction Act, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;