A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a “C” business place in Sacheon-si B.

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authorities for waste treatment business.

Nevertheless, the Defendant, without obtaining permission from the Macheon City, carried in 70 tons of waste plastics from March 2019 to June 4, 2019, and carried in 30 tons of waste plastics at the said place of business from March 2019, and operated waste disposal business by using crushing facilities (75HP 1, 30HP 1) and melting and voltageing facilities (145HP 1, 75HP 1).

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the results of an investigation by a defendant's legal statement D, written confirmation of a written accusation, on-site photograph, investigation report (to observe the environmental guidance and public official questioning);

1. Article 64 of the Wastes Control Act and Articles 64 subparagraph 5 and 25 (3) of the same Act and the selection of penalty for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation requires a person who intends to operate a waste treatment business to submit a waste treatment business plan in order to preserve the environment through environment-friendly treatment of wastes. In light of the purport of this Act, the crime of this case, which is run a waste treatment business without obtaining permission, is not appropriate to constitute a crime, and the period for which the defendant runs a waste treatment business without obtaining permission is not shorter than the period for which the defendant runs the waste treatment business without obtaining permission as stated in its reasoning, and it is not appropriate to commit a crime.

In 2005, the Defendant was punished for a fine of one million won due to a violation of the Wastes Control Act, which operated a waste recycling business without reporting to the competent authority, and was already permitted in 2013.