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(영문) 대구지방법원 상주지원 2018.04.17 2018고정7
폐기물관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Status, etc. of the Defendant] A Co., Ltd. was a corporation established for the purpose of waste treatment business, etc., and was subject to revocation of permission from November 30, 2016 at the time of resident registration.

And the defendant is the B representative director of the corporation.

[Specific criminal facts] Where the Minister of Environment or the Mayor/Do Governor orders a waste treatment business entity to revoke the license, he/she shall order the waste treatment business entity or the person who reported waste treatment to dispose of wastes within a specified period, and the waste treatment business entity or the person

Nevertheless, on July 19, 2017, the Defendant did not comply with an administrative disposition order to lawfully dispose of approximately 4,00 tons of wastes stored in a business place located in C, which is located in C, from a resident viewing on July 19, 2017, even after receiving an administrative disposition order to legally dispose of them until October 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each investigation report (Nos. 7, 9, and 10 in the list of evidence);

1. Orders for administrative dispositions;

1. Business registration certificate;

1. Application of statutes on site photographs;

1. Article 65 of the relevant Act concerning facts constituting an offense and Articles 65 subparagraph 21 and 39-3 of the Waste Management Act that choose a penalty;

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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