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(영문) 제주지방법원 2016.02.17 2015고단1627
골재채취법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who operates the company as the representative director of the B corporation located in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, and the defendant B is a corporation with the objective of concrete manufacturing business.

A person who intends to operate the business of collecting aggregate (the selection and washing of marine aggregate) shall register with the Mayor having jurisdiction over the location of the principal office.

Nevertheless,

1. Defendant A did not register the business of picking aggregate (the selection and washing of sea aggregate) and did not use concrete materials after being supplied with 282,780 cubic meters from January 201 to May 31, 2015 at the cleaning facilities installed in B factory after being supplied with 282,780 cubic meters from the Yellow Sea sand collected from the Yellow EZ complex.

2. Defendant A did not register the business of picking aggregate (the selection and washing of sea aggregate) and cleaned at the washing facilities installed in the factory B in order to use it as concrete materials after receiving the supply of the US washing sea sand 220,800 cubic meters from around January 201 to May 31, 2015 from around May 31, 201, with the aim of using it as concrete materials from the Austria-mixed Co., Ltd.

3. Defendant B Co., Ltd. committed an act of violating the above description as to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Requests for cooperation in each investigation ( inquiry about the registration of aggregate extraction business), internal investigation reports (the current status of registration of the business of washing sand from sea); and replies respectively;

1. A certified copy of the corporate registry and the amount of marine sand carried in by year;

1. Application of Acts and subordinate statutes to investigation reports (with respect to suspicion of the distribution of evidence and unfit concrete using sea sand washing facilities);

1. Defendant A: Article 49 Subparag. 1 and Article 14(1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) on the basis of the relevant criminal facts and Defendant B’s option of punishment: Articles 51, 49 Subparag. 1, and 14(1) of the former Aggregate Extraction Act.

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