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(영문) 수원지방법원 성남지원 2016.04.27 2015고단2573
골재채취법위반등
Text

Defendant

A and B shall be punished by a fine of 7,000,000 won, and Defendant C shall be punished by imprisonment for six months.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A and Defendant B (hereinafter, “B”)

A. Defendant A is the B representative director established for the purpose of collecting aggregate from E in South and North Korea.

(1) A person who intends to operate a business of picking aggregate in violation of the Aggregate Extraction Act shall register the business of picking aggregate with the competent authority having jurisdiction over the main location of the person.

Nevertheless, on January 2013, the Defendant, without registering the business of collecting aggregate, operated the business of collecting aggregate, such as manufacturing and selling aggregate 45,028 cubic meters from March 2015 to March 2015, by installing a miscellaneous land of the F, E, E, E 3,351 square meters wide, a development restriction zone, and by installing a separate line for aggregate, street, and so on on a site, and by manufacturing and selling a sand of 275 cubic meters from the date on which he/she manufactures and sells a sand of 275 cubic meters.

(2) No person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction may construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, partition land, Stockpiling articles, etc. in areas subject to development restriction without obtaining permission for profit-making purposes.

Nevertheless, from January 2013 to April 13, 2015, the Defendant, for the purpose of profit-making, installed aggregate sorting machines, logs, and digging machines on the land of Hanam-si F, E, E3,351 square meters, which is a development restriction zone, and produced sand and used it as a aggregate camping site, such as the above paragraph (1) using the aggregate screening machine.

B. The Defendant B, at each of the dates and places described above A. A, the representative director of the Defendant, operated the aggregate extraction business in the development restriction zone without registration as described above.

2. Defendant C is a person who is working as a business director of G Co., Ltd., and the Defendant’s demand may not be refused, taking advantage of the fact that fugitive dust, etc. generated at the site is found in a construction business entity, etc. using the status of a reporter of an environment-related newspaper, following the concern that an article unfavorable to the relevant business entity is posted or a civil petition is filed.

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