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Defendants shall be punished by a fine of KRW 7,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
1. Defendant A
(a) A person who intends to operate a business collecting aggregate in violation of the Aggregate Collection Act shall register the business with the Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the location of his/her main office, and a person who intends to screen, clean, or crush aggregate at least 1,00 cubic meters annually shall report thereon to the head of the competent Si/Gun/Gu;
Nevertheless, from April 22, 2015 to September 22, 2015, the Defendant engaged in aggregate extraction business without registering aggregate extraction business to the competent administrative agency on the land of 1,621 square meters of land for Cheongsung C (Road) and D (railroad site) from April 22, 2015, and 7,000 cubic meters of aggregate was selected, washed, or crushed without reporting to the competent administrative agency.
(b) No person who violates the Act on Property of State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by this Act or other Acts;
Nevertheless, the Defendant used a lot equivalent to 8,621 square meters of land in Sung-si (Road), D (railroad site), which is a state property in the same manner as in the preceding paragraph, as aggregate open storage, etc. without following due procedures and methods.
2. Defendant B is a corporation established for the purpose of contracting and leasing construction machinery, general soil construction business, and aggregate collection, transport, and sales business.
With respect to the Defendant’s business at the same date and time as “paragraph 1(a)” and at the same place, the Defendant, a representative of the Defendant, carried on aggregate extraction business without registering the business of extracting aggregate to the competent authority, and, without reporting to the competent authority, screened, washing, or crushing aggregate exceeding 1,00 cubic meters.
Summary of Evidence
1. Defendants’ respective legal statements
1. Written accusation for the preparation of a chemical market;
1. Investigation report (Attachment of a certified copy of land registry);
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone in charge of accusation);
1. Defendant A of the relevant Article of the Act on Criminal Facts: Articles 49(1) and 14 Subparag. 1 of the Aggregate Extraction Act (unregistered aggregate extraction business);