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(영문) 의정부지방법원 2014.09.18 2013고정2899
폐기물관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a comprehensive waste recycling business entity who has obtained permission for comprehensive waste recycling as the representative of D Co., Ltd., and the waste disposal business entity intends to change important matters, such as increasing vehicles collecting and transporting food wastes, shall obtain permission for change from the competent authority.

Nevertheless, the Defendant, without obtaining permission for change from the Yangju-si, collected and transported food waste without permission from the “D Co., Ltd.” operated by the Defendant in Yangju-si from January 18, 2013 to May 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the certified copy of the waste recycling business license, and the fire-proof report (the traffic in the names of D stock companies and G);

1. Subparagraph 4 of Article 65 and Article 25 (11) of the Wastes Control Act (Selection of Fines) concerning facts constituting an offense;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant is a comprehensive waste recycling business entity who has obtained permission for comprehensive waste recycling from the representative of D Co., Ltd., and the waste disposal business entity shall not allow another person to use his/her name or trade name, nor lend his/her license to another person. Nevertheless, the Defendant, upon obtaining permission for comprehensive waste recycling in the name of D Co., Ltd. located in E at the Gyeonggi-si, the Defendant transferred two vehicles owned by H and F, etc. from July 31, 2009 to the name of D Co., Ltd.; from August 18, 2013 to April 15, 2013, the Defendant leased the amount of food wastes discharged from his/her place of business for reducing food wastes from the Gyeonggi-si, Hanam-si, Hanam-si, to the name of D Co., Ltd., Ltd., a “D Co., Ltd.”). Accordingly, the Defendant lent the amount of waste collection to D Co., Ltd.

2. We seem to conform to the facts charged in the instant case.

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