Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant operates a wholesale and retail business of construction materials in the name of “D” in Seoan-gu, Seoan-gu, Seoan City.

Where a business of collecting, transporting, recycling, or disposing of wastes intends to be conducted, it shall obtain permission from the competent Mayor/Do Governor with facilities, equipment and technical capabilities.

Nevertheless, from August 2015 without obtaining permission from the competent Mayor/Do Governor to June 29, 2016, the Defendant engaged in the business of collecting and transporting wastes by collecting approximately KRW 500 to 1,000 per day, which was classified into scrap iron, plastics, and alzinum, etc., which was collected through each construction site removal work within each construction site within the “D” business site from the time when the specific date is unknown to the competent Mayor/Do Governor.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the accusation and the accompanying documents and statutes;

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) of the Act on the Management of Alternative Wastes, Etc., concerning facts constituting an offense (a comprehensive selection of fines);

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the claim: ① The goods collected and transported by the Defendant as described in the facts charged are merely circular resources that can be recycled because they are merely abolished or scraped, and do not constitute wastes under the Waste Management Act.

Therefore, it is only necessary to report the business operated by the defendant under the Waste Management Act, but is not subject to permission.

② The Defendant was aware that his business was not subject to permission, and there was no awareness that it was necessary to permission.

2. First of all, we examine the argument.

Among the documents attached to the accusation, the photograph (in 5-7 pages of investigation records) of the defendant's goods collected and stored by the defendant is stamped, and it is difficult to understand the contents of the goods in detail because there are many things stored in stuffs.