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(영문) 대구지방법원 2020.11.11 2019고단5409
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

A person who intends to operate a waste treatment business shall meet the requirements for facilities, equipment, technical capability, etc. and obtain permission from the relevant Mayor/Do Governor, but shall not operate a waste treatment business without obtaining permission.

Nevertheless, the Defendant leased the land owned by Gyeongdong-gun B between February 2014 and October 2018, the Defendant: (a) collected approximately 20 tons of domestic wastes, such as air conditioners, etc. collected from Gyeongdong-gun, Pacific-gun, Pacific-gun, Pacific-gun, Gyeongdong-dong, Gyeongdong-gun, and (b) transported the said land into the said land; (b) sold them as recycled products or disposed of them as large-scale waste; and (c) sold them as large-scale waste; and (d) waste treatment business amounting to approximately 12.5 tons in volume to approximately 12.5 tons in volume to the said land owned by Gyeongdong-gun, Gyeongdong-gun.

Accordingly, the Defendant did waste disposal business without obtaining permission.

Summary of Evidence

1. Application of Acts and subordinate statutes to each police suspect interrogation protocol (including parts D) to the defendant, each of the police suspect interrogation records (including parts D) E, to cooperation with the police's statement protocol about D concerning the investigation of the suspect, to report replies to the investigation (in-depth photo addition) upon a request for cooperation related to the investigation affairs, to report (in-depth photo addition), investigation

1. Article 64 of the Wastes Control Act and Articles 64 and 25 (3) of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is a reason for sentencing unfavorable to the Defendant, where the Defendant runs a waste treatment business for a long time without obtaining a license for waste treatment business, with heavy liability for such crime, multiple criminal records, lease of another’s land, and even if the landowner’s request, he/she stores large volume of waste on the land until now and does not cover it.

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