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(영문) 청주지방법원 영동지원 2014.07.10 2014고단93
골재채취법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a de facto representative as an actual operator of B, a corporation located in Chungcheongnam-gun, Chungcheongnam-gun, and Defendant B is a corporation established for the purpose of aggregate extraction business, etc.

1. On May 24, 2013, the Defendant extracted aggregate from part of 4 lots of land, including J, K, L, and M, a total of 8,175 square meters of aggregate from 8,175.3 square meters of aggregate to 276 cubic meters of aggregate and extracted aggregate differently from the content of the permission, after obtaining permission to extract aggregate from the head of Macheon-gun, the aggregate total of 9,303.60 square meters of five lots of land, including Ma, E, F, G, H, and I.

2. The Defendant B, a representative, committed the same offense as that set forth in paragraph (1), at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement on N,O, P, Q, and R;

1. Written statements of R,O, N, and S;

1. A written accusation;

1. A copy of a business trip report;

1. A copy of the aggregate extraction permission;

1. A certified copy of the old map or cadastral map;

1. Details of calculation of unlawful extraction area;

1. Application of statutes on site photographs;

1. Article 49 subparagraph 6 of the Aggregate Extraction Act and Article 26 (Selection of Imprisonment): Article 51 and subparagraph 6 of Article 49 and Article 26 of the Aggregate Extraction Act; Article 56 of the Aggregate Extraction Act;

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., that the defendant is the first offender; the confession of the fact of the crime is made by the defendant;

1. Defendant B corporation: Article 334 (1) of the Criminal Procedure Act;

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