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(영문) 대구지방법원 김천지원 2017.07.13 2016고정44 (1)
골재채취법위반
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The summary of the facts charged is that Defendant A is the actual representative of Defendant B, and Defendant B is a corporation established for the purpose of screening and crushing aggregate, and is engaged in the production of aggregate by selecting and crushing rocks at the construction site and then again supplying them to the construction site or ready-mixed factory.

(a) A person who intends to screen or crush aggregate by being supplied with defendant A rocks shall prepare a site in excess of the size prescribed by Presidential Decree necessary for the installation, etc. of an open storage site and auxiliary facilities and file a report thereon with the head of the competent Si/Gun/Gu on the matters, such as the period of production or production of aggregate, the size, location, etc. of the site for the project, and shall file a report on the change with the head of the competent Si/Gun/Gu in

On March 2015, the Defendant submitted a report on the selection and crushing of aggregate to the head of the Gu/U.S. Si around March 2015, 2015, “production period: From March 10, 2015 to June 10, 2018”, “Gu/U.S. Si D”, “production volume: 500 cubic meters per day’s production volume”, and filed a report on the selection and crushing of aggregate. Accordingly, the Defendant produced aggregate from the above camping site after receiving approximately 40,00 cubic meters of rocks from E’s construction site around March 2015.

However, from June 13, 2015 to July 28, 2015, the Defendant received additional supply of approximately 25,000 cubic meters of the total blasting cancer from the construction site of G Co., Ltd. located in the former Sinsi-si, without reporting the change of annual aggregate production to the former and the former Mayor, and selected and crushed aggregate from the said site.

As a result, the Defendant, without filing a report on the change, laid down aggregate in excess of approximately 25,00 cubic meters of annual production volume of aggregate 40,000 cubic meters and 25,00 cubic meters of aggregate.

B. Defendant B, a representative of the Defendant, at the time and place specified in paragraph (1), is as above in relation to the Defendant’s business.

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