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(영문) 창원지방법원 2015.09.23 2015고정392
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a waste disposal business entity with the trade name “D” in Seocho-gu Seoul Special Metropolitan City C.

A person who discharges, collects, transports, recycles, or disposes of industrial wastes shall enter matters concerning the delivery and receipt of wastes on the electronic information processing program whenever he/she discharges, collects, transports, recycles, or disposes of such wastes, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from May 20, 2014 to July 28, 2014, the Defendant: (a) received entrustment of waste disposal from F to treat waste as waste while discharging general soil and sand, not waste; and (b) falsely entered total of 209 items (7,757.65 tons) in the electronic information program (the system) as shown in the list of crimes in attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The police statement of H;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 66 subparagraph 5 of the Wastes Control Act and Article 18 (3) of the same Act (Selection of Fine) of the same Act concerning criminal facts and the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.

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