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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A Imprisonment of 2 years and 6 months and fine of 50,000,000 won.
Reasons
1. The summary, etc. of the indictment of this case
A. The summary of the indictment of this case is that Defendant A collected approximately 15,537 tons of food wastes in a restaurant near the Seoul Metropolitan area and brought them into the J, and buried 6,531 tons among them in the off-si, Y, Incheon Gyeyang-gu, and the wife population large (Article 1 of the indictment). The Defendants conspired to collect and reclaim them as stated in paragraph (1) of the charge and entrusted the disposal of them by approximately 9,000 tons of the remaining approximately 15,537 tons of food wastes (=15,537 tons-6,531 tons) and food wastes entrusted by other business entities, etc.
A total of approximately 11,351 tons (i.e., 9,00 tons 2,351 tons) brought about approximately 11,351 tons into “N” and buried them into “N” in the first half of the chemical period (the facts of prosecution No. 2-A), and discharged the water from the above wastes to the irrigation channel, etc.
(B) The first indictment against the instant case was filed on the premise that all of 50,161,39 metric tons of food waste collected by Defendant A were illegally reclaimed (=50,823 tons of food waste collected by Defendant A and 28,077 tons of the remainder (=50,696-10,823-11,796) excluding 11,796 tons of lawful wastewater treatment, and 28,077 tons of food waste collected by Defendant A were illegally reclaimed (=9,000 tons of food waste collected by Defendant A) on the basis of the Defendant’s statement that “N” was 9,00 tons of food waste collected by the Defendant A, and approximately 2,351 tons of the imported food waste brought by other enterprises (=1,351,300 tons of the imported food waste discharged by Defendant A, 209, 200 tons of the imported food waste, and 351,301-19,307).”
(Fact of Facts No. 1) was raised to the purport, and the indictment was partially accepted in relation to the method of calculating the amount of reclamation in the trial of the court below, and the defendant's assertion that "it shall be obtained by multiplying 0.75 square meters by 0.75 square meters when converting food waste No. 1 liter into 1kg" was modified.
(b) against this;