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(영문) 제주지방법원 2016.02.17 2015고단1626
골재채취법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person who operates a company as the representative director of B in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, and the defendant B is a corporation with the objective of concrete manufacturing business.

A person who intends to operate the business of collecting aggregate (the selection and washing of marine aggregate) shall register with the Mayor having jurisdiction over the location of the principal office.

Nevertheless,

1. The Defendant A did not register the business of picking aggregate (e.g., screening and washing of marine aggregate) and, on December 11, 201, from around December 11, 2001 to May 31, 201, after being supplied with 263,046 cubic sea sand collected from the marine EZ complex and then used it as concrete materials at the washing facilities installed in the factory B of the Co., Ltd. after being supplied with 263,046 cubic meters.

2. Defendant A did not register the business of picking aggregate (e.g. screening and washing of marine aggregate). From January 2, 2012 to May 31, 2015, Defendant A received supply of 164,950 cubic sea sand from the U.S. E, E, to use as concrete materials in E, and cleaned at the washing facilities installed in B, after receiving KRW 500 per cubic metres from E, in order to use as concrete materials in E, from January 1, 2012.

3. Defendant B, who is the user of his business, committed the same act as the above mentioned.

Summary of Evidence

1. Defendants’ respective legal statements

1. Requests for cooperation in each investigation ( inquiry about the registration of aggregate extraction business), internal investigation reports (the current status of registration of the business of washing sand from sea); and replies respectively;

1. A certified copy of the corporate registry and the amount of marine sand carried in by year;

1. Application of Acts and subordinate statutes to investigation reports (with respect to suspicion of the distribution of evidence and unfit concrete using sea sand washing facilities);

1. Article 49 Subparag. 1 and Article 14(1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) on the basis of the relevant criminal facts and subparagraph A of a sentence: Articles 51, 49 Subparag. 1 and 14(1) of the former Aggregate Extraction Act;

1. Detention in a workhouse (Defendant A).

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