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(영문) 인천지방법원 부천지원 2020.04.22 2019고단4255
폐기물관리법위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for eight months;

2.Provided, That this ruling shall become final and conclusive, respectively.

Reasons

Punishment of the crime

1. No person who intends to reclaim wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act;

On April 2017, the Defendant: (a) carried out to the Dispute Resolution Co., Ltd., the purpose of which is aggregate processing business, and transported with a dump truck belonging to the Dispute Resolution Co., Ltd.; and (b) obtained inorganic sludge (hereinafter “slurine”) from 25 to 20,000 won per 25 tons of a dump truck; and (c) buried wastes in the place of business by means of using them for farmland banking, not waste disposal facilities permitted or approved under the Wastes Control Act or reported pursuant to the Wastes Control Act, not waste disposal facilities; (d) Kimpo-si (area 7,652 square meters), F (area 7,074 square meters), G (area 6,612 square meters), H (area 9,690 square meters), and I (area 4,957 square meters); and (d) area 35,985 square meters.

In addition, the Defendant received the foregoing method from March 2017 to July 2017, and buried in farmland a total of 18,275 tons (731 metric truck base 25 tons) discharged from the Dispute Resolution Co., Ltd. from D in the Dispute Resolution Co., Ltd. from March 2017 to July 2017.

Accordingly, the Defendant buried wastes in a place other than a waste disposal facility permitted, approved, or reported.

2. No person who accused B shall reclaim wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act;

The Defendant, around April 2016, carried out from the Dispute Resolution Co., Ltd., the purpose of which is aggregate processing business, etc. and transported with a dump truck belonging to the Dispute Resolution Co., Ltd., to obtain KRW 15,000 per 25 tons of inorganic sludge (hereinafter referred to as the “slury”), which is a commercial waste, from the place of business, shall be subject to the acquisition of KRW 15,000 per 25 tons of a dump truck, and shall not be a waste disposal facility permitted or approved pursuant to the Wastes Control Act, but a waste disposal facility permitted or reported pursuant to the Wastes Control Act, shall be attached to farmland banking.

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