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(영문) 대구지방법원 서부지원 2019.01.22 2017고단2116 (1)

폐기물관리법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From July 2016 to August 2016, the Defendant agreed to conduct the business of collecting, transporting, and disposing of wastes requested by C by leasing a factory with B at an insular site around July 2016, and the Defendant brought in wastes, and the Defendant: (a) Company B agreed to finally dispose of wastes brought in as compensation for waste disposal after leasing the factory with the cost of leasing the factory; and (b) Company B agreed to finally dispose of wastes brought in as compensation for waste disposal.

According to the above public offering, the Defendant entered into a contract with D Co., Ltd. on the lease of approximately 5.139 square meters of land for the E-Gun in Chungcheongnam-do and approximately 2,006 square meters of land on its ground from November 1, 2016 to January 31, 2017, with D Co., Ltd. on October 2016, the Defendant collected and transported approximately 8,200 square meters of land from D Co., Ltd. for approximately 36 million to January 20, 207 without obtaining permission from the competent administrative agency, and stored them inside the aforementioned factory and in a factory marina.

Accordingly, the defendant, in collusion with B, engaged in waste disposal business without obtaining permission from the competent authorities.

The Defendant and B, “2018 Highest 1215” from October 13, 2016 to January 15, 2017, had been aware that the wastes sent by C while staying together or alternately in the said factory (the factories listed in the foregoing 2017 Highest 2116) were loaded inside the factory and caused excessive waste to be filled by building walls, windows, doors, and other buildings due to excessive waste weight while they were loaded inside the factory, and destroyed the factory by continuously loading wastes inside the said factory.

Then, the Defendant and B destroyed the above factory in a way that the waste was stored inside the above factory building through the glass window at the above date, time, and place, and that in accordance with B’s proposal, it would impair the utility of the glass window 7, which is installed on the wall of the factory, by spreading a white roman presses, thereby damaging the above factory in an amount of KRW 30 million.

Accordingly, the defendant is jointly victim D.