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(영문) 대구지방법원 상주지원 2017.11.21 2017고단367

폐기물관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

No person shall dispose of wastes in any place other than those prepared by a Special Self-Governing City Mayor, a Special Self-Governing Province branch, the head of a Si/Gun/Gu, or a park or road, etc. for the collection of wastes.

The Defendant is a person who takes charge of an intermediate connection to the illegal dumping of wastes, such as arranging waste disposal business operators and waste discharging business operators to arrange for the transportation of wastes, directly employing a driver to transport wastes, or arranging other cargo vehicle articles to a waste discharging business operator.

[Criminal facts]

1. As between February 27, 2017 and March 19, 2017, the Defendant was aware that C, a waste discharger, was operating an unauthorized waste disposal site by leasing land of 5,978 square meters before E at the time he/she was permanently located in D, and the Defendant was actually owned by C.

FF strawls vehicles and their drivers G to use them, and G to remove approximately 320 tons of commercial wastes, such as waste synthetic resin, waste fish net, waste timber, etc., on the land.

Accordingly, the Defendant provided the above cancer roller vehicles, etc. used when dumping wastes without permission, thereby making it easier for C to commit a crime.

2. Violation of the Waste Management Act: Defendant, H (a name) and I’s joint crime committed on May 12, 2017, under contact with H (a name) and from H (a name) to operate a waste speculation site on the said land; (b) as a result of arranging I to arrange for a discharge business operator who will dispose of wastes from his/her workplace without permission; and (c) as a result, I received cash equivalent to KRW 600,000 of the commission from I to deliver the said land; and (d) I required to abandon the amount of more than five quantity of waste from his/her workplace of five freight vehicles.

Accordingly, the Defendant dumped wastes without permission in collusion with H(a name) and I.

3. Violation of the Waste Management Act: Joint crimes committed by the Defendant, I, etc. on May 17, 2017.