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(영문) 의정부지방법원 2018. 1. 19. 선고 2017고단2342, 2017고단2855(병합), 2017고단3661(병합) 판결
[폐기물관리법위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Gangwon-do, Lee Jong-sung, Lee Sung-sung, Lee Sung-il, Lee Jin (Public Trial)

Defense Counsel

Attorney Doo-cheon et al.

Text

Defendant 1 shall be punished by imprisonment with prison labor for two months, and imprisonment with prison labor for six months, and by imprisonment with prison labor for three years, and by imprisonment with prison labor for four months, respectively.

Criminal facts

【Criminal Power】

On January 11, 2016, Defendant 1 was sentenced to imprisonment with prison labor for one year, two years of probation, and fines of 13 million won at the District Court for fraud, etc., and the judgment became final and conclusive on the 19th of the same month.

【Criminal Facts】

1. 2017 Highest 2342 - Defendants 1 and 2

In order to operate a waste disposal business, permission from the competent authorities shall be obtained.

The Defendants did not obtain permission from the competent authority, from October 1, 2015 to October 2, 2015, and received KRW 1.8 million from the Gyeonggi-si ○○○○○○, which was the total cost of disposal from around 1, 2015 to around 2, 2015, and carried in a waste disposal business, such as bringing about approximately KRW 1.8t of business site wastes into the factory site of Gyeonggi-si (location omitted) and storing them.

Accordingly, the Defendants conspired to engage in waste disposal business without obtaining permission from the competent authorities.

2. 2017 Highest 2855 - Defendant 2

In order to operate a waste disposal business, permission from the competent authorities shall be obtained.

Nevertheless, the Defendant, along with Nonindicted 3, did not obtain permission for the sowing Market, from May 1, 2016 to April 14, 2016, leased the non-indicted 3 parcels outside the name of the Defendant and received KRW 300,000 per day from Nonindicted 3. Nonindicted 3, who agreed to collect KRW 30,000 per annum of waste timber or waste concrete, etc. to be loaded on the said land, was brought into the Republic of Korea by means of receiving the cost of disposal equivalent to a half of the average disposal cost per truck per 5 tons of the total disposal cost for each 300,000 won.

Accordingly, the Defendant, in collusion with Nonindicted 3, carried out a waste disposal business without obtaining permission from the main market.

3. 2017 Highest 3661 - Defendant 1

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authority with facilities, equipment, and technical capabilities in accordance with the standards prescribed by the relevant statutes.

Nevertheless, the Defendant, along with Defendant 2, planned to establish a waste disposal business entity under the name of Defendant 2 and collect wastes. From July 1, 2016 to August 2016, the Defendant established a “△△△△△△△△△” business entity in the Gyeonggi-si ( Address 3 omitted) in the Gyeonggi-si from July 1, 2016 to the end of August 2016, and received approximately KRW 100,120,000 per ton from KRW 100 to KRW 7,500 square meters inside the pertinent △△△△△△△△△△, and collected and stored commercial wastes, such as waste fibers and waste synthetic resin, at approximately KRW 350,00 square meters

Accordingly, the Defendant, in collusion with Defendant 2, engaged in waste disposal business without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement on the preparation of Nonindicted 4, Nonindicted 5, Nonindicted 6, Nonindicted 7, and Nonindicted 8

1. A statement on the particulars of Defendant 2’s preparation;

1. All on-site photographs;

1. Each monthly rent contract;

1. A previous conviction in judgment: A written inquiry report (defendant 1) and an investigation report (a report on the past records of a suspect);

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1: Article 64 Subparag. 1 and Article 25(3) of the former Wastes Control Act (Amended by Act No. 13038, Jan. 20, 2015); Article 30 of the Criminal Act (Article 30(1) of the Criminal Act); Article 64 Subparag. 5 and Article 25(3) of the Wastes Control Act; Article 30 of the Criminal Act (Article 30(3) of the former Wastes Control Act)

Defendant 2: Article 64 Subparag. 1 and Article 25(3) of the former Wastes Control Act (Amended by Act No. 13038, Jan. 20, 2015); Article 30 of the Criminal Act (Article 30(1) of the Criminal Act); Article 64 Subparag. 1 and Article 25(3) of the former Wastes Control Act (Amended by Act No. 1341, Jul. 20, 2015); Article 30 of the Criminal Act (Article 30(2) of the former Wastes Control Act)

1. Selection of punishment;

Defendants: Imprisonment Selection

1. Handling concurrent crimes;

Defendant 1: latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

Judges Senior Superintendent;

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