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(영문) 대구지방법원 경주지원 2015.12.23 2015고정92
골재채취법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B The purpose of the corporation is to conduct soil construction business and reinforced concrete construction business in Ulsanbuk-gu E, and the defendant A is the representative director of the corporation B.

On November 27, 2013, Defendants obtained permission to extract aggregate from Gyeong-si, Gyeong-si, G, H, and I with the size of 27,518 cubic meters, the permitted volume of 50,455 cubic meters, and the depth of extraction at five meters.

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 and period for extraction.

1. Nevertheless, Defendant A, from around December 29, 2014, extracted aggregate from the foregoing FF sector to exceed nine meters of the permitted depth while collecting aggregate, and extracted aggregate in excess of 27,518 cubic meters from the extraction area to the 613 cubic meters of the 27,518 cubic meters of the extraction area, and extracted aggregate in excess of approximately 1,200 cubic meters of the extraction area and differently from the permitted content.

2. The Defendant, a representative director, extracted aggregate in breach of the terms of permission for the Defendant’s business at the time and place mentioned in paragraph (1).

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. A written accusation;

1. Investigation report (construction of racing as an accusation, and hearing of J phone statements);

1. Application of Acts and subordinate statutes governing illegal extraction site photographs;

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

(a) Defendant A: Article 49 Subparag. 6 and Article 26 of the Aggregate Extraction Act; Selection of fines;

B. Defendant B corporation: Articles 51, 49 subparag. 6, and 26 of the Aggregate Extraction Act

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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