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(영문) 의정부지방법원 2017.06.22 2017고정452
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant, at both weeks, operated a spawning farm with the trade name “D”.

1. A person who leaves farmland he/she cultivates, or recycles livestock he/she raises, of any third person's vegetable residues, food wastes, etc., shall report thereon to the competent authority;

From September 2, 2014 to July 9, 2016, the Defendant, without filing a report with the competent authority, received KRW 45,000 per ton tone, a corporation operating the food waste treatment business entity, from F (criminal prosecution on detention, May 9, 2016), and supplied to D, as used as raw materials for drinking and compost, food waste equivalent to KRW 4,700 per ton tone, which is non-compliance with the feed process. From February 2, 2015 to June 9, 2016, the Defendant received KRW 45,00 per tone, from H operating G, which is a food waste treatment business entity, to contribute to the payment of KRW 45,00,00 for food waste, which is non-compliance with the feed process, and used it as raw materials for recycling and compost by receiving the aforementioned “D food waste equivalent to the above 982t” as raw materials from the food waste treatment facility.

2. A person discharging industrial wastes shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained a license for waste disposal business or a person who has reported waste disposal

From Sep. 2014 to Nov. 2, 2015, the Defendant: (a) obtained from F and H as above from F to F and H; and (b) made manure worth 1,708t of food waste, which is an unregistered feed, without complying with the establishment and designation of a fertilizer process standard publicly notified by the Rural Development Agency; (c) provided it to nearby farmers who did not obtain waste disposal permission or report waste disposal without compensation; and (d) entrusted the disposal thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each suspect, preparation of the police and prosecutor with respect to F, and H.

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