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(영문) 수원지방법원 2018.07.10 2016노6263
골재채취법위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. On July 15, 2014, the summary of the grounds for appeal filed a lawsuit seeking revocation of a warning disposition with the Suwon District Court under the Suwon District Court 2014Guhap 56629, and filed an application for suspension of the validity of a warning disposition with the said court. The said court accepted such application and continued its business under the condition that the said court rendered a decision of suspension of the validity under the 2014 A 10249.

As above, during the suspension of the validity of the warning disposition, the defendants' conduct of business does not constitute a crime.

2. Determination

A. The fact of recognition ① On March 20, 2009, L Co., Ltd. (hereinafter “L”) operated the business of screening and crushing aggregate (hereinafter “instant business”) on the instant land from around the time when he/she accepted a report on the registration of aggregate extraction business and the report on the sorting and crushing of aggregate until September 30, 201, with the period of reporting (production) in the area D with the wife population D (hereinafter “instant land”) as of September 30, 2009.

Since L on June 29, 201, around the expiration of the period of the above report (production), on June 29, 201, reported matters concerning the criteria for the registration of the aggregate extraction business and the report on the change of the screen or crushing of aggregate. On June 28, 2013, each report was accepted on June 28, 2013.

② L transferred the instant business to around March 2012 to M Co., Ltd. (hereinafter “M”), and M was accepted on the 12th of the same month by filing a report on the transfer or acquisition of the instant business at the time of tolerance.

③ The instant business was transferred to Defendant B Co., Ltd. (hereinafter “B”), and Defendant B filed a report on the transfer or acquisition of the business at the time of tolerance and was accepted on November 14, 2013.

④ On February 24, 2014, Defendant B filed a report on the change to the effect that the production period of the report on the selection and crushing of aggregate is extended on the premise that Defendant B is a transferee of M. On the premise that the said report falls under a new report, not a report on the change, Defendant B ordered Defendant B to submit relevant documents required at the time of the new report on the premise that the said report falls under a new report on March 1, 2014.

Accordingly, Defendant B on March 2014.

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