Defendant

A Imprisonment with prison labor for six months, and each of the Defendant Incorporated Company B shall be punished by a fine of five million won.

(b).

Punishment of the crime

Defendant

A is the actual operator of the agricultural corporation B, and the defendant corporation B is the corporation established in ASEAN for the purpose of agricultural management, animal breeding, etc.

1. A person who intends to extract aggregate from a defendant A shall obtain permission from a competent authority, as prescribed by Presidential Decree;

Nevertheless, from May 9, 2016 to April 14, 2016, the Defendant collected approximately KRW 3,200 cubic meters of sand from the site for the new construction of a glass greenhouse located in Asan City using cream and freight cars without obtaining permission from the competent authority.

2. Defendant B Co., Ltd. committed the act of violating the above paragraph 1, which is the representative of the Defendant, in relation to the above date, time, place, and the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Protocols concerning the examination of suspects A by the prosecution;

1. E statements;

1. A written accusation;

1. Reporting on the detection of violations of the Aggregate Extraction Act and field photographs;

1. Application of each contract, details of removal, and statutes;

1. A company that is a defendant of the pertinent legal provision and the choice of punishment for an offense: Article 49 subparagraph 3 of the Aggregate Extraction Act and Article 22 (1) of the said Act (or Article 49 subparagraph 1 of the said Act), and Article 22 subparagraph 2 of the said Act (or Article 51, subparagraph 3 of Article 49, and Article 22 (1) of the said Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The amount of aggregate extracted without permission for sentencing under Article 334(1) of the Criminal Procedure Act is considerably large; however, the Defendants recognized their mistake and reflects the fact that the land was restored to the original state after collecting aggregate, there is no record of criminal punishment exceeding the fine by Defendant A; and other factors of sentencing as indicated in the trial process of the instant case, including Defendant A’s age, sexual conduct, motive and means of the Defendants, and circumstances after committing the crime, etc., shall be determined as ordered by taking full account of the following factors: