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(영문) 수원지방법원 안양지원 2013.06.19 2013고단192
골재채취법위반
Text

Defendant

A Co., Ltd. shall be punished by a fine of 4,00,000 won, and Defendant B shall be punished by imprisonment for four months.

except that this judgment.

Reasons

Punishment of the crime

1. The defendant B is the representative director of the corporation A.

A person who intends to screen, clean, or crush aggregate in at least 1,00 cubic meters annually shall report thereon to the head of a Si/Gun/Gu.

Nevertheless, the Defendant selected and crushed aggregate from 147,578.6 cubic meters to 147,578.6 cubic meters, without reporting to the Ansan City Mayor from March 1, 2012 to December 31, 2012, at A Yangyang-gu A corporation located in Ansan-gu, Ansan-si.

2. Defendant A is a corporation established for the purpose of manufacturing, processing, and selling asphalt concrete.

The representative director of the defendant B, who is the representative of the defendant, has selected and crushed aggregate without reporting it to the Gyeyang City Mayor as described in paragraph (1) and committed a violation on the defendant's business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness E;

1. Police seizure records;

1. Written accusation, earth and sand, and field photographs;

1. Application of Acts and subordinate statutes to an investigation report (a analysis of seized articles and a report on the attachment of copies thereof), an investigation report (hereinafter referred to as "annual aggregate extraction report"), an investigation report (a photographic attachment of earth, stone, and other earth, stone, etc. placed at A Anmyang Business Place), an investigation report (a report on the confirmation of the

1. A stock company that is subject to pertinent legal provisions on criminal facts and the selection of punishment: Defendant A stock company that is subject to the selection of punishment: Article 51, subparagraph 5 of Article 50, Article 32 (1) 4, and Article 32 (1) 5 of the Aggregate Extraction Act and Article 32 (1) 4 of the Aggregate Extraction Act (to be punished by imprisonment in consideration of the scale of the aggregate

1. Defendant B of suspended execution: Judgment on the assertion of litigants under Article 62 (1) of the Criminal Act

1. As to the assertion that the aggregate extraction is not applicable, the Defendants and their defense counsel asserted that Defendant B’s selective selection and crushinged does not constitute the subject matter of the Act on Collection of Aggregates due to the removal of construction and earth and stones. However, according to each of the above evidence, Defendant B’s selective selection and crushing is a “asheshes” as referred to in Article 2(1)1 of the Aggregate Extraction Act with natural rocks and sand.

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