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(영문) 울산지방법원 2018.05.18 2018노175
폐기물관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant, as stated in the facts constituting a crime in the lower judgment, found the Defendant guilty of the grounds for appeal, even though he did not run the waste disposal business.

2. The waste collection and transportation business under the Determination of the Wastes Control Act refers to a business collecting wastes and transporting them to a recycling or disposal place, or collecting and transporting wastes to export them (Article 25(5)1). The following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the first instance court, namely, ① the Defendant introduced a place where the Defendant, as the name of “G”, has been placed in the name of “G” for at least 10 years, he/she is placed in a place where he/she can receive a distribution note from the person who operated the secondhand shop, and ② Accordingly, the Defendant is recognized as having received a distribution note of a large quantity of trucking 4.5 tons from the intermediate waste collection company and stored approximately 15 days from the factory yard located in Yangsan City with the delivery of a large quantity of 4.5 tons of truck to the intermediate waste disposal company; ③ When the Defendant received profits from the distribution of the distribution to the waste disposal company, the Defendant continued to collect the distribution business without obtaining permission from the Mayor/Do governor, as stated in the lower judgment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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