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(영문) 울산지방법원 2020.06.12 2019고단4209
폐기물관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 4209"

1. A person who is ordered by the competent authorities to change the methods of waste treatment under the Wastes Control Act or to take measures, such as the suspension of waste treatment, waste disposal or bringing in, within a specified period on the ground that wastes have been disposed of, or have been disposed of, or buried in a manner inconsistent with the standards and methods

The Defendant, at around July 3, 2019, received an administrative disposition order (waste disposal order) from the head of Yangsan-si (B), that “a person with approximately 10 tons of waste stored in the field (B)” from the head of Yangsan-si (B) in C, which was operated by the Defendant in Yangsan-si (B), did not comply with the above order to take measures for waste treatment.

"2019 Highest 4279"

2. Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the Minister of Environment or a Mayor/Do Governor;

Nevertheless, from March 16, 2019 to September 17, 2019, the Defendant collected and transported wastes, such as waste home appliances, waste rums, waste synthetic resin, etc., at the Corporation located in mass cities including D, without obtaining permission from the competent authorities, and then compresseded and recycled them, sold them to E, F, G, and (State) H, etc., and disposed of wastes by means of raising profits equivalent to KRW 101,470,100 in total, or storing them in the workplace, etc., as shown in the list of crimes in the attached Table.

Accordingly, the Defendant engaged in waste collection and transportation business without permission.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. A written statement of I;

1. On-site photographs "2019 Highest 4279";

1. Written Statement;

1. Application of Acts and subordinate statutes to copies of passbooks, photographs of the seizure site, details of account transactions, and copies of pocketbooks;

1. Article 65 subparagraph 23 of the Wastes Control Act, Article 48 of the Act on the Punishment, etc. of Specific Crimes, Article 65 subparagraph 23 of the Act on the Selection of Punishment, etc., and Article 64 of the Wastes Control Act.

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