Defendant

Punishment against A shall be six months of imprisonment, and the punishment against Defendant B shall be five million won of fine.

Punishment of the crime

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

From May 13, 2013 to April 30, 2015, the Defendant obtained permission to extract aggregate from D and 23 parcels in Jeonnam-gun et al.

Nevertheless, the Defendant collected aggregate from approximately 19,201 cubic meters of aggregate from approximately 10,00 cubic meters of land (9,170 square meters) in the Yan-gun and the 10 square meters of land (9,170 square meters) from around October 2013 to July 2014.

2. The Defendant Company B, at the time and place specified in the preceding paragraph, extracted aggregate from the content of the Defendant’s business permission as stated in the preceding paragraph, and performed an act of violation.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A letter of accusation (a pages 121 for investigation records);

1. A report on investigation (verification of illegal collection, etc.) and a report on the actual condition attached thereto;

1. Application of the certified copy of the investigation record (413 pages)-related Acts and subordinate statutes;

1. Article 49 Subparag. 6 and Article 26 of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015); Article 51, Subparag. 6, and Article 26 of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015); Article 51, Subparag. 6, and Article 26 of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. The sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) is based on the following circumstances (Defendant A) and all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., the sentence shall be determined as ordered.

Unfavorable circumstances: The area of the unpermitted area or the quantity of aggregate extracted is not so small and the period of extraction is also appropriate.

A favorable normal situation: There is no record of punishment as a crime of the same kind.

The area damaged by non-permission collection was restored to its original state.

It was found that the crime was led to the confession of the crime and the non-offending of the crime.