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(영문) 청주지방법원 충주지원 2014.02.14 2013고단588
골재채취법위반등
Text

Defendant

A shall be punished by imprisonment of six months, by a fine of KRW 10,000,00,000.

However, Defendant A.

Reasons

Punishment of the crime

Defendant

A limited partnership company B is a corporation with the purpose of collecting and selling aggregate in D at the time of loyalty, and the defendant A is a person who operates the limited partnership company B above.

1. Defendant A

(a) A person who has obtained permission to extract aggregate shall extract aggregate in accordance with the details of permission within the permitted period;

Nevertheless, from the beginning of June 2012 to November 16, 2012, the Defendant collected sand, etc. (the collected soil and sand volume: 120,166 cubic meters, and sand market value collected: 962,746,000 won) in a depth exceeding 5m of aggregate depth permitted from Chungcheong-si, E and five parcels outside Chungcheong-si, Chungcheongnam-si, Chungcheongnam-si, and 8m in depth.

Accordingly, the defendant violated the contents of permission from Chungcheong City.

(b) A person who intends to engage in development activities by gathering earth and rocks from land in violation of the National Land Planning and Utilization Act, such as soil, sand, and gravel, shall obtain permission from the Mayor;

Nevertheless, the defendant from March 2013 to the first police officer of the same year.

3. Until March 31, 300, up to approximately KRW 9,300 square meters of land F and G in Chungcheongnam-si without obtaining a market permit, and collected earth and rocks equivalent to KRW 3,000 cubic meters.

2. From June 2012 to November 16, 2012, the Defendant limited partnership company: (a) committed a violation as described in paragraph (a) of Article 1, which is the actual representative director of the Defendant’s business with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. A written accusation;

1. Current status, photographs, etc.;

1. Cadastral map, field photograph, and current status map;

1. Conditions for permission of aggregate extraction, conditions of permission, and summary of permission;

1. Registers;

1. Application of investigation reports (business cooperation and reply concerning illegal development)-related Acts and subordinate statutes;

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 (the point of violation of permission), Article 140 Subparag. 1 and Article 56(1) of the National Land Planning and Utilization Act (the point of non-permission development activities); the choice of imprisonment for each sentence;

B. Defendant.

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