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(영문) 수원지방법원 여주지원 2016.02.05 2015고정295

폐기물관리법위반

Text

Defendants shall be punished by a fine of five million won.

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

B The representative of A, a general waste recycling company, which produces SRF (Slouse Fuel and solid fuel) through crushing, screening, crushing, and plastic work, brings in waste synthetic resin located in Slju City, is a person in charge of overall control over the interest business of A, a general waste recycling company.

A. Notwithstanding the fact that Defendant B cannot store wastes in excess of the permissible storage quantity, the Defendant, from April 1, 2015 to August 3, 2015, stored 2,874 tons of waste synthetic resin in the place of business during the pertinent period from August 3, 2015, and stored more than 1,910.2 tons, which is the legal permissible storage quantity, in excess of 963.8 tons.

B. The representative B of the Defendant Company A committed the above violation in relation to the Defendant’s business at the same date, time, and place as stated in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Application of Acts and subordinate statutes on permits for comprehensive waste recycling business;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 67, 66 subparag. 9, and 25 subparag. 9 of the Waste Management Act;

B. Defendant B: Article 66 Subparag. 9 and Article 25 Subparag. 9 of the Waste Management Act; selection of fines

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act