사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant was guilty of this part of the facts charged even though he did not conspired with B for the transport of wastes without permission, and even though he knew that B retired wastes without permission, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (one year of the suspended sentence of six months) is too unreasonable.
2. Determination
A. In full view of the following circumstances, the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake as to the transportation of unauthorized waste, i.e., (i) the Defendant’s friendly P having sold wastes to recycled products, and (ii) the Defendant knew the intention of P, and consented to the use of wastes as more resources than the incineration of wastes, taking into account the following circumstances: (i) the Defendant’s friendly P was aware of the intention of P, and (ii) the Defendant was able to reduce waste disposal costs from his standpoint, and (iii) considered the means to use wastes as more resources than the incineration of wastes; and (iv) even
Thus, this part of the defendant's argument is without merit.
B. As to the assertion of misunderstanding the fact regarding the retirement of unauthorized Wastes, the Defendant and B conspired to dispose of wastes in G operated by Company B without permission for commercial waste disposal, with respect to the contract for the aquaculture waste disposal service ordered by Busan Metropolitan City E.
No person shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved, or reported under the relevant Acts.
Nevertheless, on January 2013, the Defendant obtained a permit for waste disposal facilities from G farmland in G, which is located in the Gyeongnam Kim Jong-si, G, Kim Jong-si.