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(영문) 의정부지방법원 2017.09.28 2017고정2059
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant was sentenced to five months of imprisonment for a crime of fraud at the District Court of the Republic of Korea on January 21, 2016 and the judgment became final and conclusive on January 21, 2016.

No person shall reclaim or incinerate wastes at a place other than a waste treatment facility permitted, approved, or reported pursuant to the Waste Management Act.

On February 2, 2015, the Defendant told D, the head of the factory of the above company, at the place of business of the said company C, a company for crushing and selling aggregate, located in B, Namyang-si, Namyang-si.

D called d D D D dump truck article to inform E of the defendant's contact address, and ordered d d. of "Pump truck article" because there is a person requesting soil (inorganic d.).

E buried the amount equivalent to 1,600 tons (25 ton truck) of “inorganic sludge”, which is a commercial waste discharged from the above company, to F from February 27, 2015 to March 3, 2015, which is a place known by the Defendant, from February 27, 2015 to March 3, 2015.

The Defendant, in collusion with E, buried wastes at a place other than waste disposal facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning interrogation of suspects of E or D by the prosecution;

1. One copy of a report on detection (violation of the Waste Management Act) and notification of data related to illegal disposal of industrial wastes;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal and investigative career data;

1. Article 63 Subparag. 2 and Article 8(2) of the former Waste Management Act (Amended by Act No. 13411, Jul. 20, 2015); Article 30 of the Criminal Act regarding criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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