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(영문) 서울중앙지방법원 2017.06.14 2017고정278
골재채취법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) for the purpose of extracting aggregate and manufacturing and selling aggregate.

1. A person who intends to screen, clean, or crush aggregate provided by Defendant A shall report thereon to the competent authority, as prescribed by the relevant statutes, but the Defendant did not report the period of reporting on screening and crushing of aggregate from May 19, 2016 to May 20, 2016 without reporting the completion of the period of reporting on screening and crushing of aggregate by the Defendant company.

8.1. By the end of January, the Defendant Company’s business place was engaged in screening, washing, or crushing aggregate in Gwanak-gu Seoul Special Metropolitan City C and D.

2. The Defendant Company committed the above act of violation by A, the representative of the Defendant Company, at the time, and at the place specified in paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. Notification of non-acceptance of reports on the extension of the business of screening and crushing aggregate, request for suspension and removal of work, request for follow-up measures, report on the results of patrol at the workplace, and application of Acts and subordinate statutes governing exposed photographs;

1. A defendant company of the pertinent legal provision and the choice of punishment for a crime: Article 49 subparagraph 7 of the Aggregate Extraction Act and Article 32 (1) of the said Act (opportune selection): Article 51, Article 49 subparagraph 7 of the said Act, and Article 32 (1) of the said Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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