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(영문) 춘천지방법원 영월지원 2018.05.01 2018고단14
폐기물관리법위반
Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of five thousand won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who actually runs a construction waste interim disposal business company B in the Gangseo-gu Seoul Special Metropolitan City.

A person discharging wastes at his/her place of business shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained permission for waste disposal business, a person who has reported waste disposal, a person who installs and operates waste disposal facilities, a person who has obtained permission for construction waste disposal business

Nevertheless, the Defendant, around February 22, 2017, entrusted the treatment to D by way of sending the article sent by D, for about six tons of waste generated at the place of business of the said company, to 25 tons of truck operated by D without obtaining a license for waste treatment business, and paying waste treatment costs to D in the amount of KRW 1,300,000,000 for disposal costs.

3.6. Waste treatment costs of KRW 3.9 million, approximately KRW 24 tons, and the same year.

3. 11. The waste treatment cost of KRW 3.9 million was entrusted to the said D with approximately KRW 24 tons of waste treatment cost.

2. Defendant B, who is an employee of the Defendant, committed an act identical to that described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Investigation report (as to photographing and attaching articles kept in suspect D mobile phone cases);

1. Investigation report (applicable to suspect D and B's open bid for waste speculation, etc.);

1. Application of Acts and subordinate statutes of 3 copies of an investigation report (Attachment of a detailed statement of account with F, G, and H), and account statement;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 65 Subparag. 11 and Article 18(1) of the former Waste Management Act (Amended by Act No. 14783, Apr. 18, 2017); Articles 65 Subparag. 11 and 18(1)

B. Defendant B: Articles 67, 65 subparag. 11, and 18 subparag. 1 of the former Waste Management Act (Amended by Act No. 14783, Apr. 18, 2017)

1. Suspension of execution;

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