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(영문) 광주지방법원 2013.09.03 2012고단2294
골재채취법위반
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On July 8, 2011, A was sentenced to one year of suspension of the execution of imprisonment with labor for violating Aggregate Extraction Act, etc. at the Gwangju District Court on July 8, 201, and the judgment became final and conclusive on September 15, 2011.

1. Defendant A is a substantive operator of I Co., Ltd. in Mine-gu Mining Zone H.

As between March 16, 2007 and October 30, 2008, the Defendant obtained permission from the head of Pyeongtaek-gun, the competent authority, to extract aggregate ( sand) 70,271 cubic meters from the 16th parallel J of Ham-gun and 16th parallels.

A person who has obtained permission to extract aggregate shall obtain approval from the competent authority when he/she intends to modify any permitted matter.

Nevertheless, from January 1, 2008 to October 2008, the Defendant extracted aggregate from 189,259,259 cubic meters (or KRW 1.89,259,000,00) in addition to the permitted quantity without obtaining approval from the competent authorities.

As a result, the defendant extracted aggregate in excess of the permitted contents from the competent authorities without approval of the change.

2. Defendant B is a person who sells aggregate as the representative of the KK Stock Company.

The Defendant lent KRW 80 million to the above A, and agreed to receive the principal and interest from the sand collected at the aggregate extraction site outside 25 lots, Hapyeong-gun, Jeonnam-gun.

A obtained permission from the head of Pyeongtaek-gun, the competent authority, from November 1, 2009 to October 31, 2012, to extract aggregate from 138,950 cubic meters from Hamyeong-gun L, the front-gun, and 25 lots of land, but did not obtain approval from the competent authority for the alteration of aggregate from 299,238 cubic meters of land in addition to the permitted extraction quantity (around 2,842,761,00 cubic meters of land).

From November 1, 2009 to October 31, 2012, even though the Defendant knew of the fact that the aggregate was collected in excess of the amount of aggregate collected by the said A in addition to the amount permitted by the said A at the place of aggregate extraction, the Defendant continued to remove the aggregate collected in excess of the amount equivalent to 29,238 cubic meters from the said place of aggregate extraction, and aids and abets the said A’s act by implied permission.

Summary of Evidence

1. The first time;

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