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(영문) 전주지방법원 2020.02.04 2019고단1234
폐기물관리법위반
Text

A defendant 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

On November 20, 2019, the Defendant was sentenced to a suspended sentence of two and a half years of imprisonment for fraud at the Jeonju District Court (No. 2019No1294) (No. 2019No. 1294), and the said judgment became final and conclusive on November 28, 2019.

The Defendant is a person who implements a project to develop a electric housing complex in the North Korean territory B.

No person shall reclaim commercial wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act.

1. On December 2017, the Defendant carried out the work of replacing the water pipes of the water pipes of the Jeonju-gun, Jeonju-gun, and buried waste concrete equivalent to 13 tons of waste concrete, which is industrial wastes discharged therefrom, into D through a dump truck, within the said electric resource housing complex, and sold the land using the dump truck and buried the waste concrete, etc. using the dump and buried it by covering the soil.

2. From January 2018 to June 201 of the same year, the Defendant, while performing construction work to remove the brick house in the Jeonju-gun E, the Defendant: (a) transported the brick fence and the waste concrete 21 ton of the industrial wastes discharged from the site promptly; (b) sold the land to F in the housing complex of the said electric power resource; and (c) buried the land by digging out the ground using the digging machine and burying the waste concrete, etc. with the covering of the soil.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation results;

1. Statement;

1. Report on internal investigation - Waste reclamation site, photographics (Evidence data);

1. Report on investigation (related to the execution of a warrant of seizure, search and inspection);

1. Previous records of judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, etc. inquiry;

1. Article 63 of the Wastes Control Act and Article 8 (2) of the same Act and Article 63 of the same Act and Article 63 of the same Act and the selection of penalty for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The defendant in sentencing under Article 62-2 of the Criminal Act of the community service order is illegal for commercial wastes without permission.

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