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(영문) 창원지방법원 2017.03.31 2016고단4064
폐기물관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 6 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a representative director of corporation B in Kim Sea-si, and Defendant B is a corporation established for the purpose of plastic recycling business, etc., and a waste disposal business entity which has obtained a license for interim and comprehensive recycling business.

Every waste disposal business entity shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities approved, etc. in the permitted place of business, as prescribed by Ordinance of the Ministry of Environment.

1. From July 2016 to October 19, 2016, Defendant A kept approximately approximately KRW 115 cubic meters of waste synthetic resin (15 cubic meters in cubic meters in cubic meters in cubic meters 100 cubic meters) in a place other than the storage facility that was entrusted within the place of business of the said stock company B.

2. Defendant B, at the same time and place as in the preceding paragraph, kept approximately KRW 115 cubic meters (15 cubic meters in cubic meters in cubic meters in cubic meters in cubic meters) of waste synthetic water, which was the wastes entrusted as above, in a place other than the permitted storage facility.

Summary of Evidence

1. Defendant A’s legal statement

1. Investigation report (change of quantity of storage in places other than waste storage facilities);

1. A certificate of violation;

1. A waste management ledger, a license for a waste disposal business, and a waste disposal facility plan;

1. A copy of business registration certificate, and a certificate for entire registered matters;

1. On November 26, 2015, Defendant A, subject to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, was sentenced to a suspended sentence of two years for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Changwon District Court on January 26, 2015 and the judgment became final and conclusive on February 4, 2016 (the final and conclusive judgment No. 1). On February 8, 2017, Defendant A was sentenced to a suspended sentence of six months for a crime of giving a bribe at the Busan District Court and the said judgment became final and conclusive on March 17, 2017 (the final judgment No. 2 final and conclusive judgment). However, since the crime of final and conclusive judgment No. 2 was committed prior to the date on which the final and conclusive judgment became final and conclusive, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes was committed simultaneously with the crime in this case,

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