Text
1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A
(a) A person who intends to extract aggregate in violation of the Aggregate Extraction Act shall obtain permission from the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree;
Nevertheless, on September 2014, the Defendant excavated a total of 1,645 square meters of land (497.6 square meters) with 20 meters in depth without obtaining permission from the euthansung-si and three parcels outside of the Republic of Korea on September 2014, and extracted aggregate from approximately 32,90 cubic meters in total.
Accordingly, the defendant extracted aggregate without obtaining permission of the safe market.
(b) Any person who intends to construct buildings, install structures, change the form and quality of land, collect soil and rocks in a road zone in violation of the Road Act, or do other acts prescribed by Presidential Decree shall obtain permission from the head of a Si/Gun/Gu;
Nevertheless, the Defendant collected soil and rocks from a total of 1,455 square meters (440 square meters) to a total of 29,200 cubic meters (440 square meters) without obtaining permission for the safe market for the land outside E and two parcels in the foregoing temporary border.
Accordingly, the defendant extracted aggregate without obtaining permission of the safe market.
(c) Any person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to classification of the types and areas thereof
Nevertheless, the Defendant converted the use of mountainous districts, such as collecting soil and rocks, for the purpose of using 190 square meters (57.4 square meters) out of 46,539 square meters of forest land in F in the city of Ansan in the above temporary border, without obtaining permission from the Minister of the Korea Forest Service.
Accordingly, the defendant diverted the mountainous district without obtaining permission from the Administrator of the Korea Forest Service.
2. Defendant B’s bankruptcy plan.
A. The defendant in violation of the Aggregate Extraction Act shall be the representative director A of the above 1. A.
In the same time and place as the paragraph, the defendant committed the above violation with respect to the defendant's business.
B. The defendant in violation of the Road Act shall be the representative director A and B.
The work of the accused at the same time and at the same place as the paragraph.