Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 7,000,000.

Defendant

A above.

Punishment of the crime

1. A person who has obtained permission to extract aggregate from a defendant shall extract aggregate in accordance with the permitted terms and conditions, such as the permitted area, period, and quantity of extraction;

The Defendant is the representative director of the aggregate gathering company, namely, “B” corporation in Gwangju Northern-gu C and D.

Around December 12, 2016, the Defendant obtained permission to extract aggregate from Hamyeong-gun, Chungcheongnam-gun, and 17,185.9 square meters, the Defendant obtained the permission to extract aggregate from Hamyeong-gun. On or around April 24, 2019, the Defendant obtained the permission to extract aggregate in addition to 2,50 square meters, excluding 707.1 square meters, which is part of Hamyeong-gun, Pyeongtaek-gun, Hamyeong-gun, and 17,000 square meters.

Nevertheless, on May 2019, the Defendant extracted aggregate from the area of 707.1 square meters, which is an area other than the area permitted to extract aggregate by the Hamyeong-gun F.

Accordingly, the defendant extracted aggregate unlike the contents of the permission.

2. The Defendant Company B, as described in the preceding paragraph, extracted aggregate from the Defendant’s representative A’s permission in relation to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the accusation, business registration certificate, certified copy of a corporation, aggregate extraction business registration certificate, application for changes in the contents of permission to extract aggregate, business plan, records of land to be incorporated, drawings of land location, surface table, permission for changes in the contents of permission to extract aggregate, permits for the extraction of aggregate, official documents of Pyeongtaek-gun, permission for the alteration of the contents of permission to extract aggregate, reports on the results of the extraction of aggregate, official documents of Pyeongtaek-gun, additional field photographs of aggregate, confirmation documents (H stock company), reports on results of business trips, field photographs, and Acts and subordinate statutes on field surveys of B stock companies;

1. Article 49 subparagraph 6 of Article 49 and Article 26 of the Aggregate Extraction Act; Defendant B corporation entitled to a fine: Article 51 and subparagraph 6 of Article 49 of the Aggregate Extraction Act; Article 26 of the Aggregate Extraction Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act.