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(영문) 수원지방법원 2019.06.19 2019고단1658

폐기물관리법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B, and the defendant corporation B is a corporation established for the purpose of wholesale and retail business of meat by-products.

1. A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the Mayor/Do Governor;

Nevertheless, the Defendant: (a) operated C cargo vehicles and D cargo vehicles without permission from the early January 31, 2016 to December 18, 2018; (b) collected the average amount of KRW 1,50,000 per month from 22 restaurants, including the “F” located in Gyeonggi-gu, Suwon-si; (c) transported wastes, such as bones, generated in the restaurant to H, into the warehouse of the company located in G in Gyeonggi-do; and (d) supplied approximately 73 tons of the wastes collected from H from around July 31, 2017 to November 21, 2018; (b) received KRW 23,759,960 in total with the proceeds; and (c) received KRW 23,759,960 in total from August 8, 2018 to November 8, 2018 to the aggregate amount of KRW 80 in the warehouse; and (d) received the wastes collected from H from the Defendant to the company 808.

Accordingly, the defendant was engaged in waste collection and transportation business without obtaining permission from the Mayor/Do Governor.

2. Defendant B, a representative of the Defendant, carried on waste collection and transportation business without obtaining permission as prescribed in paragraph (1), at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. The K's statement;

1. Investigation reports (including voluntary submission of transaction statements and reports on details of wire currency), investigation reports (specific review of collected and transported wastes), investigation reports ( listening to statements by special judicial police officers), investigation reports ( listening to statements by special judicial police officers), and investigation reports ( listening to additional statements by suspects, etc.);

1. Request for investigation (mainH and B) with respect to the violation of the Wastes Control Act, report on detection (Violation of the Wastes Control Act-A, B).

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