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(영문) 의정부지방법원 2013.04.25 2011고정2817
골재채취법위반등
Text

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

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. A person who intends to screen, clean, or crush aggregate volume exceeding 1,00 cubic meters per annum by Defendant A shall file a report thereon with the competent authority;

Nevertheless, from the end of January 201 to the end of March 11, 2011, the Defendant installed a consortium level for the movement of aggregate and 1,700 cubic meters of aggregate without reporting to the Southern-si Mayor. In addition, the Defendant scraped aggregate of approximately KRW 1,700 cubic meters of aggregate.

2. Defendant B Co., Ltd. committed the same act of violation as set forth in the preceding paragraph in relation to the Defendant’s business at the time, place, and the representative director of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. A written accusation;

1. Application of the Acts and subordinate statutes to reply to requests for investigation cooperation, such as site photographs, recommendations for conciliation, acceptance of recommendations for conciliation, direction of acceptance, etc., inquiry replys to the Ministry of Land, Transport and Maritime Affairs, inquiry replys to questions, requests for cooperation in investigation (request for a question of legal principles as to cases of accusation), and requests for cooperation in investigation;

1. Article 50 subparagraph 6 of the former Aggregate Extraction Act (amended by Act No. 11016, Aug. 4, 201; hereinafter the same shall apply) and Article 32 (1) (elective of fines): Defendant B stock companies: Articles 51, 50 subparagraph 6, and 32 (1) of the former Aggregate Extraction Act;

1. Judgment on the assertion by the defendant A and his defense counsel under Articles 70 and 69(2) of the Criminal Act

1. The alleged defendant and his/her defense counsel: (1) If a person who intends to screen or scrap aggregate applies to a mountainous district to which the Management of Mountainous Districts Act applies, he/she is sufficient to register the business of screening or crushing aggregate; and (2) separate obligation to report under the Aggregate Extraction Act is not required; and even if a report is required, if the report is filed as a self-satisfy report that does not require repair, the report shall take effect immediately; and (3) the selection and crushing of aggregate may take effect immediately; and (2)

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