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(영문) 제주지방법원 2016.02.17 2015고단1622
골재채취법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person who operates a company as the representative director of B in Seopo-si, Seopo-si, Jeju Special Self-Governing Province, and the defendant B is a corporation with the purpose of concrete manufacturing business.

A person who intends to operate the business of collecting aggregate (the selection and washing of marine aggregate) shall register with the Mayor having jurisdiction over the location of the principal office.

Nevertheless,

1. Defendant A did not register the business of picking aggregate (the selection and washing of sea aggregate) and did not use concrete materials after being supplied with 127,877 cubic meters of the fine clean sea sand from January 2010 to May 31, 2015 in the washing facilities installed in the factory B, which were extracted from the Yellow EZ complex.

2. Defendant B, an employee, committed the above-mentioned violation in relation to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Requests for cooperation in each investigation ( inquiry about the registration of aggregate extraction business), internal investigation reports (the current status of registration of the business of washing sand from sea); and replies respectively;

1. A certified copy of the corporate registry and the amount of marine sand carried in by year;

1. Application of Acts and subordinate statutes to investigation reports (with respect to suspicion of the distribution of evidence and unfit concrete using sea sand washing facilities);

1. Article 49 Subparag. 1 and Article 14(1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) on the basis of the relevant criminal facts and subparagraph A of a sentence: Articles 51, 49 Subparag. 1 and 14(1) of the former Aggregate Extraction Act;

1. Attraction of a workhouse (Defendant A): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

In light of the circumstances favorable to the reasons for sentencing, the Defendants are forced to supply sea sand to those who extract marine aggregate in Jeju Special Self-Governing Province without washing the salt of sea sand, so the Defendants are equipped with washing facilities in the ready-mixed factory and clean the sea sand so that they are used as materials for ready-mixed.

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