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(영문) 인천지방법원 2016.09.28 2016고단5515
골재채취법위반
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant shall register with the competent authority having jurisdiction over the location of the main office of the KUBD, and the person who intends to operate the aggregate extraction business, who intends to operate the aggregate extraction business.

The defendant lent the title of the registration of the aggregate extraction business to the KGD and was subject to a disposition of business suspension for three months from the KGD market, and the registration of the aggregate extraction business of DD was revoked on May 6, 2015, and it was allowed to operate the aggregate extraction business for arranging the place of business for a limited period until July 31, 2015.

Nevertheless, the Defendant, from March 24, 2016 to April 20, 2016, engaged in aggregate extraction business without registering aggregate extraction business with the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written accusation and written statements to E Acts and subordinate statutes;

1. Article 49 of the relevant Act and Articles 49 subparagraph 1 and 14 (1) of the Act on Collection of Aggregates for the Crime and the Selection of Fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is not good even if the defendant clearly knows that the revocation of registration of aggregate extraction business against the company becomes final and conclusive, the crime of running an unregistered aggregate extraction business.

However, the background of the crime in this case, the defendant's recognition and reflects on the crime, and the defendant's age was also considered.

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