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(영문) 창원지방법원 통영지원 2013.12.05 2013고정457
폐기물관리법위반
Text

Defendants shall be punished by fine for negligence of KRW 4,000,000.

Defendant

A and B fail to pay each of the above penalties 50.

Reasons

Punishment of the crime

1. The Defendant, as the representative director of the Company C, obtained permission for the business of collecting and transporting food wastes, etc. (facilities: E, F, G, H vehicles) from among industrial wastes located in the Republic of Korea on May 17, 201, and obtained permission for the business of collecting and transporting industrial waste (facilities: I and J vehicles) on January 5, 201.

The Defendant used K, L, and M as a waste collection and transportation vehicle, not a vehicle permitted from June 17, 201 to March 18, 2013 without obtaining permission to change the part corresponding to the matters of the permitted matters, such as the increase of waste transport vehicles.

B. From September 1, 2012 to January 17, 2013, the Defendant: (a) had B register K vehicles owned by B in the name of C Co., Ltd; and (b) had B carry out waste disposal business by collecting and transporting wastes using the trade name of C Co., Ltd., as prescribed in paragraph (2).

2. Defendant B without obtaining permission from September 1, 2012 to January 17, 2013, the Defendant engaged in waste treatment business, such as collecting and transporting food waste, etc. at K vehicles registered under the name of C from around September 1, 2012 to around January 17, 2013, and at food discharge businesses near Sacheon-si, by using N vehicles in the name of the Defendant.

3. The Defendant Co., Ltd., as a company for the purpose of the waste disposal business, changed the permission for the waste disposal business without obtaining permission for change as set forth in paragraph (1), and let B use the Defendant’s trade name for the waste disposal business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against the defendant A or B;

1. Statement of the police statement on P;

1. Defendant A’s written confirmation (Violation of the Wastes Control Act);

1. Registration of a location map, related authorization and permission-related documents, reporting on the results of purchasing food waste collection vehicles, and waste collection and transportation business;

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