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(영문) 부산지방법원 2014.10.15 2014고정3656
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who operates Defendant B, which is located in Gangseo-gu Busan Metropolitan City, and Defendant B is a corporation established for the purpose of the wholesale and retail business of scrap metal and used machinery and intermediate waste disposal business.

1. Defendant A’s waste disposal business entity shall observe the terms and conditions of permission granted by the permitting agency for efficient management, etc. of waste disposal business, and Defendant A was granted a condition of permission that “the entrusted wastes and products produced by recycling shall be stored in the permitted facilities, and the permission to change the storage facilities shall be obtained if changed.”

Nevertheless, from September 4, 2013 to September 6, 2013, Defendant A did not keep the waste oil 3 cubic meters entrusted within the stock company located in Kimhae-si D in the permitted waste oil storage facility, but did not leave the waste oil 3 cubic meters within the permitted place of business at will.

2. As to the business affairs of Defendant B Co., Ltd., Defendant B, the representative director, who committed the same act as that of the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A license for on-site verification photographs and comprehensive waste recycling business;

1. Application of investigation reports (the results of confirming the period and method of storage of wastes)-related statutes;

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

A. Defendant A: Subparagraph 7 of Article 66 and Article 25(7) of the former Wastes Control Act (Amended by Act No. 12321, Jan. 21, 2014; hereinafter the same)

B. Defendant B: Articles 67, 66 subparag. 7, and 25(7) of the former Wastes Control Act

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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