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(영문) 의정부지방법원 2019.02.20 2018고단4818

폐기물관리법위반

Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the representative (in-house director) who has been operating the Defendant B in the place of business located in the Gu-si Seoul Special Metropolitan City (Seoul Special Metropolitan City) from January 2013.

1. A person who collects, transports, or recycles wastes, such as disuse, scrap iron, in an area of a Si/Gun where Defendant A is a person whose place of business is at least 2,00 square meters shall file a report thereon with the competent administrative agency;

Nevertheless, the Defendant, without filing the foregoing report from July 8, 2015, continued to be 6,104 square meters from around July 8, 2015, was equipped with such facilities as compressors, refaculators, refacing seasons, forking vehicles, cargo vehicles, etc., and was engaged in business of crushinging, compressing, and supplying them to a branch company, etc., thereby running business of collecting, transporting, and recycling them.

2. The above A, the representative of the defendant B, was engaged in the business of discontinuance, collection, transportation, and recycling without reporting the defendant's business affairs as described in paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the charge book and a written statement prepared D;

1. Article 66 subparagraph 2 of the Wastes Control Act and Article 46 (1) subparagraph 2 of the same Act, Article 66 (2) 2 of the Wastes Control Act, Article 67, subparagraph 2 of Article 66, and Article 46 (1) 2 of the Wastes Control Act;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, and that there is an endeavor to correct illegal matters);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B corporation);