Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A is a person who was the representative of C, and Defendant B is the representative of D, and a person who intends to conduct aggregate extraction business shall register with the competent authority.

1. On September 2014, Defendant A leased a site FB located in Busan-gun, Busan-gun, Busan-gun, and thereafter, Defendant A transferred 25 tons of 25 tons of 1,800 tons of Dopp truck 21,600 cubic meters of Dop truck to D and loaded the land on the same site.

The Defendant, without registering the business of picking aggregate from March 2015 to October 19, 2015, operated the business of picking aggregate by selecting sand from 25 tons of 600 tons of dump truck with one sand screening machine, and selling sand from 200,000 won per 1 dump truck with 200,000 won per 1 dump truck.

2. Defendant B did not pay the said money in return for the cost of transporting aggregate. Defendant B, on October 21, 2015, did not pay the said money. From that time, Defendant B, without registering the business of collecting aggregate from around October 21, 2015, did not register the business of collecting aggregate from that time until December 2015, operated the business of collecting aggregate by selecting sand of the average of 10 tons of 170 cubic meters per day in the same manner as the foregoing 1., and selling dump truck by selling 8-250,000 square meters per 1 dump truck at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (verification of matters reported on selection of aggregate);

1. The Defendants asserted that they did not engage in the business of picking aggregate because they did not take aggregate in an investigative agency only “selective and selling aggregate” (i.e., screening and selling aggregate is not subject to registration under the Aggregate Extraction Act), but Article 2(1)3 of the Aggregate Extraction Act provides that “the business of picking aggregate is engaged in picking, screening, washing, or crushing aggregate for profit.”