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(영문) 인천지방법원 2012.10.09 2011고단6763
폐기물관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of C corporation with the purpose of processing construction waste heavy and collecting and transporting construction waste, and Defendant B is the borrower who transports waste from the said C corporation to the metropolitan area reclaimed in Seo-gu Incheon Metropolitan City by using the vehicle.

Anyone shall collect, transport, and keep wastes by classifying them according to their kind, character, condition, recyclability, combustible or combustibility, etc., and he/she shall retire combustible industrial waste-generating facilities, which cannot be recycled, and shall not reclaim such wastes.

Nevertheless, the Defendants conspired to bring in and reclaim combustible industrial discharge facilities of C Co., Ltd., which is prohibited from bringing in the metropolitan area reclaimed land at low prices to the metropolitan area reclaimed land.

Defendant

A around December 8, 2010, around the foregoing C Co., Ltd.: (a) loaded 14 tons of combustible wastes, such as waste vinyl, timber, and waste plastic wastes, and waste concrete and waste soil wastes, which are mixed with non-combustibility wastes; and (b) Defendant B driven the above vehicle on December 9, 2010 and carried it into the Seoul Metropolitan area reclaimed land located in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon; and (c) carried the said wastes into the said area for reclamation.

From August 7, 2009 to December 9, 2010, the Defendants, using the same method, carried a total of 534 tons of combustible wastes into the metropolitan discharge area and carried them into the metropolitan discharge area.

Accordingly, the Defendants conspired to violate the Wastes Control Act.

Summary of Evidence

1. The defendant A and B's partial statement

1. Legal statement of witness F;

1. The protocol concerning the examination of the suspect by the prosecution against the defendant A and B (including the part concerning the statement made to theG);

1. Statement of the police statement related H;

1. The entry inquiry, the certification, and the like;

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