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(영문) 대구지방법원포항지원 2020.09.09 2020고정47

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

An industrial waste discharger committing a crime on guilty portion shall dispose of wastes generated from his/her place of business by himself/herself, or by entrustment to a person who has obtained permission for waste disposal business, a person who has filed a report on waste disposal, a person who has installed and operates waste disposal facilities, a person who has obtained permission

On February 2, 2019, the Defendant: (a) operated a mutual recycling company in Daegu-gun Co., Ltd., and (b) entrusted F with the disposal of construction waste of approximately 50-75 tons, which collected waste without obtaining permission for the waste disposal business, and transported waste to North-gu E at the port, while performing the removal work in Yongcheon-si.

Summary of Evidence

1. Part of the defendant's legal statement (claim that the defendant is an individual crime unrelated to the Seoul Special Metropolitan City Mayor/Do Governor);

1. Legal statement of witness F;

1. Examination protocol of the suspect of G by the prosecution;

1. Each police suspect interrogation protocol against the accused on some statements, H, I, J, K, L, M, F,O, P, and Q;

1. Each police statement of R, S, T, or U;

1. A V statement;

1. A complaint, a real estate lease contract, a request to a business operator who violates the Wastes Control Act for judicial disposal, a notice on the detection of illegal dumping of wastes, a notice on the details of account transactions, a tea, a receipt, or an accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 65 subparagraph 11 and 18 (1) of the Wastes Control Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's act, defense counsel's defense counsel's rejection of the defendant's assertion (Evidence No. 1 415 pages), a business registration certificate (Evidence No. 1 469 pages) and in particular, DW that requested the removal work to the defendant is "the Specialized Removal Enterprise X".