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(영문) 광주지방법원 목포지원 2016.06.14 2016고정203
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

On July 28, 2011, the defendant obtained permission for the business of collecting and transporting wastes from his/her place of business in the name of "C" from Simpo-si B on July 28, 201 and continues to conduct business until now.

A person who intends to operate a waste management business shall obtain permission from the Minister of Environment in cases where he/she has facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment pursuant to Article 25 of the Waste Management Act and intends to target designated wastes for each type of business, wastes subject to business, and treatment, or for other wastes.

Nevertheless, from the beginning of June 2013 to September 24, 2015, the Defendant engaged in an interim recycling business for waste without obtaining permission, such as installing one string container (10HP), which is a recycling facility, in the said place of business, and manufacturing and selling joints, which is an intermediate processed waste.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation;

1. Application of statutes on site photographs;

1. Article 64 subparagraph 1 of the relevant Act concerning facts constituting an offense and Articles 64 and 25 (3) of the Waste Management Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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