The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In light of the fact-finding or legal principles, the Defendant did not know that the Alumina or Alumina aluminium scrap constitutes wastes stipulated in the Waste Management Act, and that it was required to obtain permission from the competent authority to operate a waste disposal business by using the same, the lower court convicted the Defendant of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and eight hours of community service) is too unreasonable.

2. Determination

A. 1) We examine ex officio the grounds for appeal ex officio prior to the judgment.

At the first trial date, the court permitted the prosecutor’s amendment of the indictment to “from the point of temporary absence in 2003” of the indictment No. 8 of the instant case from the point of temporary absence in 2010,” and the prosecutor again applied for the amendment of the indictment to “from the point of temporary absence in 2010” as “from July 24, 2013,” and thus, the judgment of the court below is no longer maintained as it is due to the change in the subject of the judgment.

2) The gist of the modified facts charged is as follows.

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment business plan to the competent authority, as prescribed by statutes, and any person who receives a notice of conformity therewith shall obtain permission from the competent authority with facilities, equipment, etc. in compliance with the standards determined by statutes.

The defendant is a person who operates a c which produces Aluminium ingot using aluminium scrap as a raw material to manufacture aluminium, refining, and so on, Aluminium ingot in Chungcheong-gun B.

Without obtaining permission from the competent authorities, the Defendant shall do so in the same place, which is a waste, from July 24, 2013 to April 23, 2015.