Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to engage in waste collection and transportation business pursuant to the provisions shall obtain permission for waste collection and transportation business from the competent administrative agency.

Nevertheless, the Defendant, in collusion with C, received waste disposal entrusted by the North East-dong industry around September 2012 and received waste disposal costs, and then allowed C, who did not obtain permission for waste collection and transportation business, to transport waste concrete 1,384 cubic meters generated from the North East-dong industry from October 17, 2012 to December 28, 2013, to a limited company development.

Summary of Evidence

1. The legal statement of the witness C;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Each written statement [Defendant and defense counsel verified that the vehicle of dump truck (E) owned by the Defendant who transported wastes around October 2012 was changed to the name of the F company G that obtained permission for waste disposal business and transported wastes through the said vehicle, and thus, the crime of violating the Waste Management Act is not established.

The argument is asserted.

The following circumstances, which are acknowledged by the evidence of the judgment, C, upon request of the Defendant, transported waste concrete 1,384 cubic meters without obtaining permission for waste collection and transportation business by receiving money from the Defendant at the request of the Defendant, and the Defendant said that it was not permitted to do so.

In full view of the fact that the above dump truck was changed to the name of G on October 2, 2012, but C actually operated the above dump truck, and the waste collection and transportation permit was not issued in the future of the dump truck, the crime of violating the Waste Management Act, such as the facts constituting the Defendant’s crime, is established.

Application of Statutes

1. Article 64 Subparag. 1 and Article 25 Subparag. 3 of the former Waste Management Act (amended by Act No. 11914, Jul. 16, 2013); Article 30 of the Criminal Act; the selection of fines, and the selection of fines.

1. Articles 70 and 69 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).