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The sentence of punishment against the Defendants shall be suspended.
Reasons
Punishment of the crime
Defendant
A operates a company as the representative director of C in the F in Seopo-si, Seopo-si, Jeju Special Self-Governing Province, and Defendant B and C are corporations with respective concrete manufacturing businesses.
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 extracting aggregate (the selection and washing of the sea aggregate) and, from March 3, 2012 to June 22, 2015, Defendant A used the washing facilities installed in a factory in the company B after being supplied with 257,890 cubic meters (luor) of the clean sea sand collected from the Seo Sea EZ complex from March 3, 2012 to June 22, 2015.
2. Defendant B, an employee, committed an act of violation as described in paragraph 1 with respect to his business.
3. Defendant A did not register the business of picking aggregate (the selection and washing of sea aggregate) and did not use the washing facility installed in a factory in C after being supplied with 74,700 cubic meters (luor) from March 9, 2012 to June 22, 2015.
4. Defendant C, an employee, committed an act of violation as described in paragraph 3 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. Relevant legal provisions and Defendant A: Each of the Defendants is entitled to a fine under 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).