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(영문) 전주지방법원 군산지원 2020.02.05 2019고단1502
폐기물관리법위반
Text

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a substantial operator of “limited liability company B” who runs a comprehensive waste recycling business by installing and operating facilities for crushing and crushing, cutting, melting, etc., which are waste disposal facilities.

A waste discharger at his/her place of business shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained a license for waste disposal business under the related Acts and subordinate statutes, a person who has reported waste disposal, a person who has installed and operates waste disposal facilities, a person who has obtained a license for a construction waste disposal business, a person who has registered a marine waste discharge business, and shall verify whether

Nevertheless, from Apr. 2017 to Dec. 10, 2018, the Defendant entrusted the disposal of 1,034.74 tons of industrial wastes, such as waste synthetic resin, etc., generated at the place of business of the instant company C, Y, to E, a de facto operator, who is an unauthorized waste disposal business entity.

2. Defendant B, a director of the Defendant, committed the same offense as that set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of the F, E, and G;

1. Each investigation report (in addition to the register of a limited liability company of the suspect C, H photographs, attachment to the register of the limited liability company B, and E-related deposit documents submitted by the suspect A), accusation against the person who violates the Wastes Control Act, a statement of detection, and the application

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 11 of Article 65 and Article 18 (1) of the Wastes Control Act (Selection of Fines);

(b) Defendant B: Articles 67, 65 subparag. 11, and 18(1) of the Wastes Control Act (Selection of Fine) [The Defendant’s selection of fine in consideration of the fact that the Defendant is aware of and against the commission of a crime, the details and circumstances before and after the commission of the crime, but each punishment shall be imposed in consideration of the same records as the period and scale of the instant crime, etc.

1. Defendant A of detention in a workhouse;

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