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(영문) 대전지방법원 2016.07.01 2016고단829

농지법위반등

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1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B located in G at Sejong City, and the general manager of corporation C located in H at Sejong City, and the above companies are corporations established for the purpose of extracting aggregate, sprinking and screening.

Any person who intends to dispose of wastes shall dispose of them at a waste disposal facility or recycling facility in accordance with the guidelines and methods prescribed by Presidential Decree.

1. Defendant A

A. On June 6, 2015, the Defendant buried approximately KRW 2,000 tons of inorganic Error, which is a commercial waste generated in the said stock company B, at the Seocho-gu, Cheongwon-si, Cheongwon-si, Cheongwon-si, J, and K Ilwon-won Land Clearing Business.

B. From August 18, 2015 to August 19, 2015, the Defendant buried approximately KRW 1,000 tons of inorganic sludge, which is a commercial waste generated in the said stock company B, in the farmland located in Sejong City, from around August 18, 2015.

(c)

On November 2013, the Defendant buried approximately KRW 2,00 tons of inorganic Austria, which is a commercial waste generated in the above corporation C, in the land of Sejong Won-si around 2013.

2. Defendant B Co., Ltd. committed the above 1-A, B-B, and at the same time and place as set forth in the above 1-A, A, the representative director of the defendant, committed the act of violation as set forth in the above 1-A, B-B.

3. Defendant C Co., Ltd. is the Defendant Co., Ltd. 1-C.

A A with respect to the duties of the defendant, at the same date and time as in paragraph (1), and at the same place, the general manager of the defendant.

As stated in the same paragraph, the violation was committed.

Summary of Evidence

1. Defendants’ respective legal statements

1. Accusation against the violator of the Waste Management Act;

1. The face value verification sheet B;

1. On-site inspection results and a plan for measures;

1. Application of statutes concerning field verification-related photographs to the Bank of Bankruptcy C;

1. Article 65 Subparag. 1 and Article 13(1) of the Waste Management Act; Articles 65 Subparag. 1 and 13(1) of the same Act; Articles 67 and 65 Subparag. 1 and 13(1) of the Wastes Management Act;

1. Aggravation of concurrent crimes (defendant A and B), the former part of Article 37 of the Criminal Act and Article 38(1)2 of the Criminal Act.