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(영문) 광주지방법원 순천지원 2016.03.31 2015고단797
골재채취법위반등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 5 million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A As the actual representative of Defendant B (the representative D is in the position of Defendant A), a person who was engaged in the extraction of aggregate from around July 19, 201 to around March 30, 201 in the land extraction site (hereinafter “the extraction site of this case”) located outside and outside 22 parcels of the former Bosung-gun E, and the Defendant Company B is a corporation established for the purpose of the extraction business.

1. Defendant A

A. On July 19, 2014, the Defendant violated the Aggregate Extraction Act: (a) at the time of obtaining the said aggregate extraction permission from the number of Bosung-gun, the Defendant installed the flag of the flag bearing the aggregate extraction area at a solid distance of 20 meters; (b) the boundary flag is firmly installed so as not to be damaged; and (c) manages the site and manages the flag at the time of damaging the flag so as not to be hostile out of the boundary flag; and (d) manages the center as the extraction area outside the aggregate.

The depth of excavation of a extraction site of aggregate shall be adjusted within five meters in order to ensure the safety of the connected road (agricultural roads).

“A person has obtained permission to extract aggregate on condition that the person has obtained such permission, so the person must extract aggregate in accordance with the terms and conditions of such permission.

The Defendant extracted aggregate from November 2013 to November 2014 without installing a boundary flag in the instant aggregate extraction site and from around October 201, 2013, the Defendant extracted aggregate from around 2 meters from the boundary of the area to around 2 meters from the boundary of the area, and extracted aggregate up to 17 meters from the depth of excavation exceeding 5 meters, which is a condition of permission, during the period from June 2014 to early November 2014.

As a result, the Defendant extracted approximately KRW 100,600 cubic meters of aggregate in violation of the permitted extraction area and permitted conditions.

B. The Defendant in violation of the Water Quality and Aquatic Plant Preservation Act is a person who operates the head of the instant aggregate extraction, which is a mining facility for earth and sand mining, and does not leak wastewater generated in the process of collecting aggregate to the outside of the extraction site.

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