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The sentence of punishment shall be suspended against the Defendants.
Reasons
Punishment of the crime
Defendant
A is a person who operates a company as the representative director of B in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, and the defendant B is a corporation with the objective 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. The Defendant A did not register the business of picking aggregate (e.g., screening and washing of marine aggregate) and, from November 12, 2010 to May 31, 2015, after being supplied with 93,249 cubic sea sand collected from the EZ complex, Defendant A used it as concrete materials in the washing facilities installed in the factory B of the Company after being supplied with 93,249 cubic meters.
2. Defendant A did not register the business of picking aggregate (e.g. screening and washing of marine aggregate) and washing facilities installed in a factory B, a corporation, from November 12, 2010 to May 31, 2015, purchased from E (representative director A) to use concrete materials in E E EZ complex, which was taken from around November 12, 2010 to around May 31, 2015.
3. Defendant B, as an employee, committed an act of violation as described above with respect 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. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended: a fine of one million won);