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(영문) 부산지방법원 서부지원 2017.09.07 2017고단863
골재채취법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the operator of the "C" in Gangseo-gu Busan Metropolitan Government B.

From January 23, 2015 to February 25, 2017, the Defendant: (a) provided two with two screening lines and one unit, etc. in a size of aggregate of approximately 2,945 square meters in C from January 23, 2015 to February 25, 2017; and (b) sold a total of 4,070 cubic meters of sand (a total of 130,088,200 square meters) divided into two screening lines and one unit, etc. from the daily construction site, to the business partners, including D companies.

As a result, the Defendant, without registering with the competent authorities, engaged in the business of extracting aggregate (the business of screening and crushing aggregate); and selected aggregate without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes of the investigative report (the verification of the sale volume of the C’s aggregates)

1. Article 49 subparagraph 1 of the relevant Act on criminal facts, Article 49 subparagraph 1 of the Act on the Selection of Aggregate, Article 14 (1) of the Act on the Selection of Aggregates (a point of business of collecting unregistered aggregate), Article 49 subparagraph 7 of the Act on the Extraction of Aggregate, Article 32 (1) of the Act on the Selection of Each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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