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(영문) 청주지방법원 영동지원 2017.08.10 2016고정39
골재채취법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant B”) is a corporation that engages in the business of extracting aggregate from the Hacheon-gun G in Chungcheongbuk-gun, and Defendant A is the representative director of the said corporation.

1. If a person who has obtained permission to extract aggregate from a defendant fails to comply with any condition of permission granted at the time of permission to extract aggregate and thus is ordered by a competent authority to alter the extraction area, suspend extraction, relocate facilities, or take other necessary measures, the person shall comply with such order;

On June 3, 2014, the Defendant violated the order of the competent authority by failing to comply with the conditions that were given at the time of permission after obtaining permission to extract aggregate from the number of Macheon-gun, Macheon-gun, and 11, and by failing to comply with the conditions that were given at the time of permission. From July 16, 2015 to October 15, 2015, the Defendant violated the order of restoration by failing to comply with the order even if it was issued two times from the number of Macheon-gun to Macheon-gun.

2. As stated in paragraph (1), Defendant B, the representative director of the Defendant, violated the competent authority’s order to restore the Defendant’s business to the original state by failing to comply with the orders issued by the head of the competent authority, even though he received two orders from the number of the office of the office of the office of the

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of a witness I;

1. Application of the statutes requiring cooperation in investigations, such as a permit for the change of aggregate extraction, a permit for the restoration of the original state following a violation of a plan for the restoration of a zone permitted for extraction of aggregate, a return of an application for the completion inspection, a request for supplementation following an application for the completion inspection for the completion of restoration (II), a request for supplementation following an application for the completion inspection for the completion of restoration,

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: As a whole, Article 50 Subparag. 4 and Article 30 Subparag. 3 of the former Aggregate Extraction Act (amended by Act No. 13672, Dec. 29, 2015; hereinafter “ Aggregate Extraction Act”) and the selection of fines.

(b) Defendant B: Main text of Article 51, Article 50 Subparag. 4, and Article 30 Subparag. 3 of the Aggregate Extraction Act comprehensively;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse (Defendant A).

3. The order of provisional payment:

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