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(영문) 의정부지방법원 2015.05.19 2014노3094
폐기물관리법위반
Text

1. The part of the lower judgment pertaining to Defendant A, B, F, G, and H shall be reversed.

2. Defendant A

A. The defendant shall be sentenced to imprisonment with prison labor for ten months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, D, G, or H’s sentence (Defendant A: imprisonment for 8 months, 2 years of suspended sentence, 2 years of probation, Defendant D: imprisonment for six months of suspended sentence, 2 years of suspended sentence, 3 million won of fine, 3 million won of fine, and 3 million won of fine) is too unreasonable.

B. According to the evidence related to prosecutor's (fact-finding), although Defendant A, B, etc. lent the name to Defendant F, etc., and Defendant E, F, G, and H conspired with each other to collect and transport wastes without permission, the lower court acquitted the Defendants of the facts charged in each part of the case. The lower court erred by misapprehending the legal principles.

2. Determination

A. Determination of the Prosecutor’s misunderstanding of the facts charged (1) 1) Defendant B and Defendant A’s joint representative of the facts charged (not guilty part), Defendant E’s representative of the “R” of swine breeding farm, Defendant F, and G are those who collected, transported, and disposed of food wastes by R from the aforesaid E, and Defendant H is those who operate a breeding farm in the farmland of Gyeonggi-do, Gyeonggi-do, S.). Defendant A and Defendant B are prohibited from allowing another person to use their name or trade name to dispose of wastes or lending their permit to another person.

On February 19, 2008, the Defendants conspired to obtain permission for waste collection and transportation business in the name of the representative of the Dispute Resolution Co., Ltd., and then, from April 16, 2009 to October 1, 2012, the Defendants used the name of “R” E and F to collect and dispose of food wastes at Guri-si, Hanam-si, Seoul Special Metropolitan City Total-Scale Reduction Business, using the name of the PP permission, and were issued an amount equivalent to 26% of the sales under the name of the lending fee.

B. Defendant E, F, G, and H Defendants were engaged in the fish breeding business under the trade name of “R” and brought in food wastes of 5 tons a day only for livestock feed for the purpose of animal feed and used them as swine feed using waste disposal facilities.

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