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(영문) 대구지방법원포항지원 2020.10.07 2020고단508
골재채취법위반
Text

Defendant

A A Fine of 3,00,000 won, Defendant B of a fine of 2,00,000 won, Defendant C of a fine of 2,00,000 won, and Defendant D of a fine of 2,00,000 won.

Reasons

Criminal facts

1. Where a person who has not obtained permission to extract aggregate from the defendant A, B, or C intends to screen, clean, or crush aggregate, he/she shall prepare a site in excess of the size prescribed by statutes necessary for the installation, etc. of a camping site and auxiliary facilities, and shall file a report thereon with the competent authority and shall not screen, clean, or crush aggregate without filing a report thereon;

Defendant

B had the intention to move the sand that occurred from the construction of the apartment site-marging construction in North Korea-gu, Gyeong-gu, Gyeong-gu, to a screening place, and to select aggregate from Defendant A and its sand.

As a result, Defendant B and Defendant A obtained the consent of G with the authority to use the F land in the north-gu at the border port, and Defendant A interfered with Defendant C who will select aggregate at the site, is in charge of solving civil petitions to be filed with administrative agencies, and Defendant C shared the role of selecting aggregate at the site by inserting equipment necessary for the selection of aggregate.

Defendants from March 26, 2018 to the same year

3. By the end of 27.2, in F land in the border-gu north-si, the aggregate extraction was permitted by the competent authority or the competent authority did not report aggregate selection to the competent authority according to the aforementioned shared roles.

As a result, the Defendants conspired to select aggregate without reporting the selection of aggregate to the competent authorities.

2. Defendant D

(a) A person who intends to extract aggregate in violation of the Aggregate Extraction Act shall obtain permission from the competent authority pursuant to Acts and subordinate statutes, and no person shall extract aggregate without obtaining such permission;

around April 5, 2019, the Defendant used H, I, and J’s state-owned land in North Korea, and collected aggregate of KRW 1,224,00,00 from 136 cubic meters, without obtaining permission from the competent authority, and sold aggregate of KRW 1,496,00,00 from around that time to May 10, 2019, and aggregate of KRW 1,496,00,000, in total, from around 14 times to around 10, 2019.

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