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(영문) 창원지방법원 밀양지원 2014.01.09 2013고단396
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B located in Gyeong-gun, Gyeong-gun, and Defendant B is a corporation that runs the business of collecting off rocks.

1. Defendant A, who collected, transported, stored, or disposed of wastes, and Defendant A did not comply with an order issued by the head of the Gun to take measures concerning the disposal of wastes by the head of the Gun, including failure to comply with an order to properly dispose of approximately 3,000 tons of inorganic waste, which is a waste stored at the place of business of the said joint stock company, by June 29, 2012, even though the Defendant received an order from the said joint stock company, for the appropriate disposal thereof by June 29, 2012. From June 7, 2012 to April 2, 2013, as shown in the separate list of crimes.

2. Defendant B, as set forth in paragraph (1), committed a violation against Defendant B, who is the representative of the Defendant, regarding the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of an accusation, a written statement prepared by E, an order to take measures for waste treatment (Evidence Records 14 to 18 pages) and statutes on site photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 10 of Article 65 and subparagraph 1 of Article 48 of the Wastes Control Act;

(b) Defendant B: Articles 67, 65 subparag. 10, and 48 subparag. 1 of the Wastes Control Act

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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