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(영문) 인천지방법원 부천지원 2019.05.10 2019고정53
골재채취법위반
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Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of selecting aggregate crushing and its incidental business, and the defendant A is the actual operator of the above company.

1. Defendant A

(a) A person who intends to screen, clean, or crush aggregate shall prepare a site in excess of the size prescribed by Presidential Decree necessary for the installation, etc. of a camping site and auxiliary facilities and report thereon to the head of the competent Si/Gun/Gu, as prescribed by Ordinance of

Nevertheless, the defendant from June 29, 2018 to the same extent.

H. By August 17, 198, Kimpo-si C, D, E, F, G, and H did not report to the competent authority and did so.

B. From September 17, 2018 to November 2018, the Defendant performed the screening and crushing of aggregate without reporting it to the competent authority in Kimpo-si E, F, G, and H.

2. Defendant B

A. The Defendant’s selection and crushing of aggregate without reporting to the competent authorities as stated in A at the time and place specified in the foregoing paragraph 1(a).

B. At the time and place specified in Paragraph 1(b) above, the Defendant, as an operator, did not report to the competent authorities on the selection and crushing of aggregate.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to J police officers;

1. Each written statement;

1. Each accusation;

1. Investigation report (K Communications for Witnesses);

1. Application of Acts and subordinate statutes to the certified copy of a corporate register, aggregate selection and lease contract (L, B), field photographs, and photographic Acts and subordinate statutes at theB site;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Determination of fines under Articles 49 subparag. 7 and 32(1) of the former Aggregate Extraction Act (Amended by Act No. 15668, Jun. 12, 2018; hereinafter “former Aggregate Extraction Act”)

(b) Defendant B: The main sentence of Article 51, Article 49 subparagraph 7, and Article 32 (1) of the former Aggregate Extraction Act;

1. Each of the concurrent crimes:

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