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(영문) 인천지방법원 부천지원 2019.01.31 2018고정789

폐기물관리법위반

Text

Defendants shall be punished by a fine of KRW 24,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of the disposal of food waste, and Defendant A is the representative director of the above B corporation.

1. Where a person who has obtained a license for a waste disposal business intends to change any of the important matters specified by Ordinance of the Ministry of Environment, he/she shall obtain such license;

Nevertheless, the Defendant disposed of food waste (average 125 tons/day) equivalent to at least 30/100 of the recycling volume (84 tons/day) permitted at the place of business of the said joint stock company in Kimpo-si, Kimpo-si, from January 1, 2014 to March 31, 2018, without obtaining permission for change from the competent authorities.

2. Defendant B Co., Ltd., at the time and place indicated in the above paragraph (1) above, the representative of the Defendant disposed of food wastes without obtaining permission for change, and committed a violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (the detection report of violation of the Wastes Control Act-B stock company-A), investigation report (on-B) (on-site photographs), investigation report (average recycling volume calculated per day), investigation report (report attached to all the registered matters of the corporation);

1. A written confirmation of violation;

1. Answers to the submission of additional data related to the volume of food wastes brought in;

1. On-site photographs;

1. Application of a copy of permission for a comprehensive waste recycling business and a copy of business registration certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 65 subparag. 14 and Article 25(11) of the Wastes Control Act; selection of fines

(b) Defendant B corporation: Articles 67, 65 subparag. 14, and 25(11) of the Wastes Control Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Four times the records of punishment for the same kind of crime have been imposed.

The period of the instant crime is long.

The volume of wastes exceeding the scope of permission is large.

A favorable normal condition: a mistake.