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(영문) 수원지방법원 안산지원 2020.04.23 2019고단4248
골재채취법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (C Co., Ltd.) is a corporation established for the purpose of extracting aggregate and manufacturing aggregate in Michuhol-gu Incheon, D, E, and Defendant A is the representative of the foregoing corporation.

1. A person who intends to screen, clean, or crush aggregate provided by Defendant A shall prepare a site necessary for the installation, etc. of camping grounds and auxiliary facilities and report thereon to the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land

However, the Defendant, from May 10, 2019 to October 28, 2019, installed strings and compacter transfer devices, etc. without filing the aforementioned report in F and G sites during the Gyeonggi City, and then installed aggregate investigation records in an average of 9 million won per month, means the market price of aggregate that has been completed by screening and crushing. Around October 10, 2019, the Defendant selected and crushed the aggregate.

2. Defendant B Co., Ltd., at the time and place indicated in paragraph (1), installed a string, compact transfer device, etc. without filing a report as above, and screened and crushed aggregate.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to field photographs, public official statements, certified transcript of corporate register, investigation reports, field confirmations, investigation reports, and investigation reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 7 of Article 49 of the Aggregate Extraction Act, the main sentence of Article 32(1) of the Aggregate Extraction Act, and the selection of fines;

(b) Defendant B corporation: Article 51 and Article 49 subparagraph 7 of the Aggregate Extraction Act and the main sentence of Article 32 (1) of the Aggregate Extraction Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. According to the indictment for sentencing of Article 334(1) of the Criminal Procedure Act, the defendants' act does not extract aggregate differently from the permission without permission or permission from the site of this case, but merely separate or crushing aggregate extracted from another place without reporting in the site of this case, and according to the indictment.

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