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(영문) 전주지방법원 남원지원 2019.01.08 2018고단88
골재채취법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A limited liability company is a corporation established for the purpose of retail business, and the defendant A is the actual representative of the defendant limited liability company B.

1. A person who has obtained permission to extract aggregate from a defendant A shall extract aggregate in accordance with the permission, such as the area and period of extraction;

On July 20, 2016, the Defendant obtained permission for aggregate extraction in the same parcel from the Namwon-si market to July 1, 2017, to grant permission for aggregate extraction of the same quantity from 23,293 square meters to 29,482 square meters from July 21, 2016 to 20 January 20, 2017. Around February 2, 2017, the Defendant obtained permission for aggregate extraction of the same quantity from the Namwon-si market to 1, 2017.

From November 2016 to July 1, 2017, the Defendant extracted aggregate from 35,749 cubic meters exceeding 65,231 cubic meters exceeding the permitted quantity of aggregate extraction from the place of aggregate extraction in order to ensure that the Defendant violated the Aggregate Extraction Act due to the violation of the terms and conditions of permission.

B. Around December 6, 2016, the Defendant violated the Aggregate Extraction Act due to the violation of the order to suspend the removal of aggregate, and the Defendant failed to perform any of the conditions attached at the time of the said permit to extract aggregate from the Southern original market (the securing of earth and sand to restore to the original state) and was ordered to suspend the removal of aggregate from the aforementioned temporary point of time to December 12, 2016, in violation of the above order, and carried out approximately 2,385 cubic meters of soil and sand collected from the said aggregate extraction site from December 6, 2016 to December 12, 2016.2) on April 1, 2017, the Defendant failed to perform any of the conditions attached at the time of the said permit to extract aggregate from the Southern original market (the securing of earth and sand to restore to the original state) and received an order to suspend the extraction of aggregate from the said temporary point of time to April 7, 2017 to the said order to remove aggregate, notwithstanding the order to remove aggregate from the foregoing.

2. A, the actual representative of the defendant limited liability company B.

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