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(영문) 수원지방법원 2015.11.30 2015고정2209
폐기물관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who has registered the Class 2 of heating construction business and the Class 3 of the gas facility construction business and operates a mutual construction company of Category C.

1. No person who violates the Wastes Control Act shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved, or reported in accordance with the Wastes Control Act;

Nevertheless, on November 29, 2014, the Defendant buried asbestos and other wastes generated from house repair works, such as beeras, from the area D and the first floor of Suwon-si on November 29, 2014.

2. A person who intends to carry on construction business violating the Framework Act on the Construction Industry shall file for registration with the Minister of Land, Infrastructure and Transport;

Nevertheless, the Defendant, despite the registration of Class 3 construction business at the place specified in Paragraph 1 of November 23, 2014, carried out a unregistered construction business, such as performing gas pipeline construction work that can be registered as Class 1 or 2 construction business even though it was registered as Class 3 construction business.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E and F;

1. The warden, quarterly, quarterly, construction business registration certificate, etc.;

1. Application of statutes on site photographs;

1. Relevant statutory provisions for facts constituting an offense, subparagraph 2 of Article 63, Article 8 (2) of the Wastes Control Act (Unauthorized Reclamation of Industrial Wastes), subparagraph 1 of Article 96, Article 9 (1) of the Framework Act on the Construction Industry, and the selection of fines, respectively, for the selection of penalties;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant implemented gas pipeline construction without compensation. After committing the instant crime, the Defendant and the owner E waiveed all of the Defendant’s remaining claims for the construction cost of eight million won, and instead, adjusted the payment of gas inspection expenses to E. The Defendant.

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