Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

A person who intends to select aggregate with the supply of aggregate materials shall prepare a site necessary for the installation, etc. of an open storage site and ancillary facilities and shall report it to the head of the competent Si/Gun/Gu.

Nevertheless, from March 29, 2016 to April 11, 2016, the Defendant selected aggregate 3,162 cubic meters from 3,162 cubic meters, which was brought into Korea for the purpose of farmland restoration, without reporting to the Mayor of Seosan-si, Da, E, F, G, H, I, and J, from March 29, 2016, by sand and gravel.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 50 Subparag. 5 of the relevant Act and Article 32 Subparag. 3 of the former Aggregate Extraction Act (Amended by Act No. 13672, Dec. 29, 2015) regarding criminal facts and Article 50 Subparag. 5 of the former Aggregate Extraction Act (Amended by Act No. 13672, Dec. 29, 2015) [The defendant and his/her defense counsel shall not constitute a crime because the defendant has selected earth and sand, which is not a

However, in light of the counter-compliance relationship with the phrase itself under Article 32 (1) 3 of the former Aggregate Extraction Act (amended by Act No. 13672, Dec. 29, 2015), it is reasonable to deem that the term "aggregate materials" as referred to in the above provision refers to materials mixed with other incidentals, including aggregate. Aggregate refers to rocks (limited to rocks for crushed stone), sand or gravel existing in the natural environment, such as rivers, forests, public waters, or other underground surface, which are used as materials for concrete and asphalt concrete or asphalt concrete, or other basic materials for construction works (Article 2 (1) 1 of the Aggregate Extraction Act). Thus, the Defendant's act of selecting sand from the soil sand in question conflicts with the above penal provision.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;