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(영문) 수원지방법원 안양지원 2018.10.31 2018고단658
골재채취법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A is the spouse of C, the representative of the Company B, who actually runs the said Company.

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

Nevertheless, the Defendant selected and crushed aggregate from 1,000 cubic meters or more in cubic meters per year without reporting to the Ansan City Mayor from July 6, 2017 to December 15, 2017 at the place of business of the joint stock company B located in Ansan-gu, Ansan-si.

2. Defendant B is a corporation established for the purpose of crushing aggregate.

A, who is the actual manager of the Defendant, did not report to the Gyeyang City Mayor as described in the above "1" and performed an act of violating the Defendant's business by screening and crushing aggregate in excess of 1,000 cubic meters per year.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation, a written accusation, a written business registration certificate, a previous accusation, and materials about litigation records, a demand to suspend the production of aggregate under the Aggregate Extraction Act, and a business trip report;

1. Application of investigation reports (the selection of a person under investigation shall be made on an annual aggregate, the scale of crushing aggregate, the attachment of related precedents, and attachment of judgment of E Co., Ltd.);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 49 Subparag. 7 and Article 32 Subparag. 1 of the Aggregate Extraction Act; Articles 49 and 32 Subparag. 1 of the same Act; and Articles of imprisonment;

B. Defendant B corporation: Articles 51, 49 subparag. 7, and 32 subparag. 1 of the Aggregate Extraction Act

1. Article 62(1) of the Criminal Act (Confessions and reflects, and considering the motive, circumstance, etc. of the instant crime);

1. It is so decided as per Disposition for the reason of Article 334(1) or more of the Criminal Procedure Act.

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