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(영문) 제주지방법원 2016.02.17 2015고단1623
골재채취법위반
Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a company as the representative director of B in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, and the defendant B is a corporation with the objective of concrete manufacturing business.

A person who intends to operate the business of collecting aggregate (the selection and washing of marine aggregate) shall register with the Mayor having jurisdiction over the location of the principal office.

Nevertheless,

1. Defendant A did not register the business of picking aggregate (the selection and washing of sea aggregate) and was supplied from January 201 to June 24, 2015 with the washing facilities installed in the factory B, after being supplied with 217,00 cubic meters of the clean sea sand 217,00 cubic meters.

2. Defendant B, an employee, committed an act of violation as described in paragraph 1 with respect to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Requests for cooperation in each investigation ( inquiry about the registration of aggregate extraction business), internal investigation reports (the current status of registration of the business of washing sand from sea); and replies respectively;

1. A certified copy of the corporate registry and the amount of marine sand carried in by year;

1. Application of Acts and subordinate statutes to investigation reports (with respect to suspicion of the distribution of evidence and unfit concrete using sea sand washing facilities);

1. Article 49 Subparag. 1 and Article 14(1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) on the basis of the relevant criminal facts and subparagraph A of a sentence: Articles 51, 49 Subparag. 1 and 14(1) of the former Aggregate Extraction Act;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended: fine of 1.5 million won);

1. Attraction of a workhouse (Defendant A): It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) (100,000 won per day) of the Criminal Act or more;

The defendants' reasons for the suspension of sentence are that the collecting business operators of marine aggregate in Jeju Special Self-Governing Province did not clean the salt of sea sand, so the defendants are inevitably equipped with washing facilities in the ready-mixed factory.

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