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(영문) 인천지방법원 부천지원 2015.11.27 2015고단2583
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a self-employed who registered a manufacturing business operator in the location B of Kimpo-si.

Any person who intends to engage in the business of collecting, transporting, or disposing of wastes (hereinafter referred to as "waste treatment business") shall submit a waste treatment business plan to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, and obtain permission from the Mayor/Do Governor for each type of business and operate the waste treatment business within two years from the date on which he/she receives appropriate notification of such business plan.

Nevertheless, from February 6, 2014 to April 10, 2015, the suspect operated waste disposal business without permission from the Mayor/Do Governor by using waste disposal facilities (70ma*2, 30 Empics (unused) and melting machinery (100ma*3).

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports (report on detection of violation of the Wastes Control Act) and certificates attached thereto, and application of local photographic Acts and subordinate statutes;

1. Article 64 subparagraph 1 of Article 64 and Article 25 (3) of the Wastes Control Act (generally, it is recognized that the defendant is still under the suspension of execution, but the defendant is punished by a fine in consideration of the fact that the defendant is not healthy due to liver cancer, etc.);

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

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

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