The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Article 1(1) of the facts charged of mistake of facts and misapprehension of legal principles is based on the same criminal facts as the summary order already issued and finalized. Since there is no separate establishment act after the punishment was imposed for the above summary order, this part constitutes a case where public prosecution was instituted for the same criminal facts after the judgment became final and conclusive, and it shall be acquitted

Nevertheless, the court below found guilty of this part of the facts charged. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

(a) A person who intends to install waste disposal facilities with a disposal or recycling capacity of less than 100 tons per day among the mechanical disposal facilities or recycling facilities of this part of the facts charged shall file a report with the Minister of Environment to the Minister of Environment.

Nevertheless, from September 9, 2009 to December 16, 2015, the Defendant, without reporting to the Minister of Environment, set up and operated a waste disposal business entity E, which is a waste disposal facility (hereinafter “the instant strike compression”).

B. According to the records, the court below issued a summary order of KRW 3 million upon application of Article 66 subparagraph 11 of the Wastes Control Act and Article 29 (2) subparagraph 2 of the Wastes Control Act, and issued a summary order of KRW 3 million on December 11, 2009, on which the above summary order became final and conclusive on December 11, 2009 by the defendant from August 8, 2008 to August 16, 2001 as the "the fact that the head of the Ministry of Environment installed and operates the instant wave compression machine, which is a waste disposal facility, without the approval of the Minister of Environment."

On the other hand, the summary of this part of the facts charged is.