beta
(영문) 의정부지방법원 2019.01.30 2018고단4326

증거위조교사등

Text

Defendant

A shall be punished by imprisonment with prison labor of ten months, and by a fine of one million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates D Co., Ltd. in both weeks from October 2015. A is a person who actually operates D Co., Ltd. in both weeks.

Every waste disposal business entity that violates the Wastes Control Act shall keep wastes in an appropriate place, such as storage facilities, temporary storage facilities, approved temporary storage facilities, etc. in the permitted place of business, as prescribed

Nevertheless, for the purpose of dumping wastes without permission from around 2016 to February 8, 2018, the Defendant collected approximately 2,357 tons of waste, such as waste synthetic resin (area 2,050 square meters x 2.5 meters x 0.46) generated at the site of the removal of the building located in the Gyeonggi-do, on a leased land in Yangju-si, which is owned by E, and did not keep them in an appropriate place, such as storage facilities or temporary storage facilities approved in the permitted place of business.

B. On May 2018, the Defendant: (a) was investigated for a suspected violation of the Wastes Control Act; (b) on the part of the Defendant, B, who attempted to conceal the crime as referred to in the foregoing paragraph 1(a), had the offender B, as if he stored the waste, attempted to compel B, who had forged the evidence, to pay KRW 5,40,000,00 to the detriment of the evidence.

On May 30, 2018, the Defendant, at the office of the above D Co., Ltd. on May 3, 2018, drafted a false real estate lease agreement on October 30, 2013, stating that B sublets the above F land to B on condition that G lessees of the above F land receive deposit of KRW 10 million and monthly rent of KRW 1 million.

Accordingly, the defendant instigated B to forge evidence on criminal case.

C. On May 2018, the Defendant: (a) was investigated as a suspected violation of the Wastes Control Act; and (b) when the Defendant made a statement to B, as if he kept the wastes in custody, he would have made a false confession by saying B, as he stated in order to conceal the crime as referred to in the foregoing paragraph 1(a).

참조조문