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(영문) 대구지방법원 포항지원 2013.04.18 2013고단62
폐기물관리법위반
Text

1. The defendant A shall be punished by imprisonment for six months;

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A The representative director of corporation B and the defendant corporation B are corporations established for the purpose of housing construction business, soil construction business and steel reinforced concrete construction business.

1. No person who is a defendant A shall reclaim or incinerate wastes in any place other than a pest control facility permitted, approved, or reported pursuant to the Wastes Control Act;

Nevertheless, from the early July 2012 to July 30, 2012, the Defendant illegally buried waste concrete 70.1 ton generated at the time of expanding access roads by using dump trucks and sckes to the said site when performing civil engineering works after being awarded a contract for construction works at the south-gu Seoul Housing Site rearrangement site rearrangement site at port.

2. A, the representative director of the defendant B, committed the above-mentioned act in relation to the business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement made to D by the police;

1. Investigation reports (general), investigation reports (a copy of the standard subcontract agreement for construction works), investigation reports (Attachment to floor plans), investigation reports (related to measuring the quantity of reclaimed concretes), investigation reports (Attachment to photographs of construction waste illegally reclaimed sites);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 63 and 8 (2) of the Wastes Control Act;

(b) Defendant B: Articles 67, 63, and 8(2) of the Wastes Control Act

1. Article 62 (1) of the Criminal Act (hereinafter “Defendant A”);

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