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(영문) 전주지방법원 정읍지원 2015.11.26 2015고정123
골재채취법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Company B in the Go Chang-gun, Go Chang-gun, North Korea, who is in charge of the above company.

A person who has obtained permission to extract aggregate shall extract aggregate in accordance with the terms and conditions of permission, such as the permitted area for extraction and the period of extraction.

The Defendant obtained permission to extract aggregate from March 25, 2013 to October 31, 2014 with a permitted period from March 25, 2013, from March 2013 to October 31, 2014, up to 38.7 meters from the planned height (up to the height of land after collecting aggregate) of the ground (up to 43.7 meters from the planned height (up to the height of land after collecting aggregate).

Nevertheless, the Defendant excavated the land in the permitted area from approximately 36.2m to about 37.2m to above 1.5m to above 2.5m in height.

Accordingly, the defendant extracted aggregate beyond the permitted contents.

2. The Defendant Company B is a corporation established for the purpose of collecting aggregate from land.

A, the representative director of the defendant, extracted aggregate in excess of the permitted contents in relation to the defendant's business at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Statement of violation regulations;

1. An investigation report (as to the submission of administrative data);

1. Report on investigation results;

1. Notification of the results of investigations into violators of Aggregate Extraction Act;

1. A written accusation;

1. Permission and conditions for aggregate extraction;

1. Application of statutes governing the examination of aggregate collection place;

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

(a) Defendant A: Subparagraph 6 of Article 49 and Article 26 of the former Aggregate Extraction Act (Law No. 11794, hereinafter the same shall apply);

(b) Defendant B corporation: Articles 51, 49, subparagraph 6, and 26 of the former Aggregate Extraction Act (Selection of Fines)

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the orders for provisional payment (defendants);

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