Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who runs an aggregate extraction business under the trade name of "C" in Gangseo-gu Seoul Metropolitan Government.

A person who intends to operate aggregate extraction business shall register with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, the Defendant, from August 15, 2012 to June 27, 2013, run the business of separating sand and gravel by using a screening machine, which is a sand separationr, in order to extract aggregate for profit without registering it with the competent authorities, from August 15, 2012.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The defendant's written confirmation;

1. A written accusation by the head of Gangseo-gu;

1. A written statement of Gangseo-gu Local Administrative Assistants D;

1. On-site photographs;

1. Application of statutes on business registration certificates;

1. Relevant Article of the relevant Act on criminal facts and Article 49 subparagraph 1 of the Aggregate Extraction Act and Article 14 (1) of the Aggregate Extraction Act (Selection of Fine);

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion is that the defendant runs the aggregate extraction business with permission for recycling facilities under Article 2 (10) of the Act on the Promotion of Saving and Recycling of Resources. In cases where recycled sand is collected with permission for waste recycling under other Acts, registration under the Aggregate Extraction Act is not required.

2. However, according to the above evidence, ① the instant place where the Defendant collects aggregate is designated as a development restriction zone and the registration of aggregate extraction business is impossible. ② The Defendant’s permission is limited to permission to engage in activities in the development restriction zone pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones (i.e., sand, gravel, soil and stone) or permission to engage in activities in the development restriction zone pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones.