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(영문) 부산지방법원 2015.02.12 2014고단7592
사기등
Text

Defendant

A Imprisonment for six months, and for three million won, each of the defendants B shall be punished by a fine.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On December 2012, Defendant A entered into a contract with the name of F to lend a contract for the waste disposal service contract for the aquaculture that was ordered by Busan Metropolitan City E, and subsequently, Defendant A intended to acquire service costs by submitting a false document as if he/she performed service in F even though he/she had a stock company G without permission to transport and dispose of commercial wastes, such as waste ships, etc.

On December 11, 2012, the Defendant submitted to the J, a public official in charge, a certificate of waste disposal in the name of F Co., Ltd. and F Co., Ltd., a certificate of completion of entrusted disposal of aquaculture facilities that the F Co., Ltd., a corporation with permission for the transportation and disposal of commercial wastes, to the public official in charge.

However, the fact is that B without permission for the transportation and disposal of commercial wastes, and only disposed of wastes, such as the transportation of wastes and the incineration of timber of waste ships, and there was no loss in transporting and disposing of the wastes from F.

As above, the Defendant, by deceiving the victim E, received 18 million won from the victim to the account in the name of F Co., Ltd. under the pretext of waste disposal services.

2. Defendant A and Defendant B’s co-principal Defendants conspired to transport and dispose of wastes from Company G operated by Defendant B without permission, with respect to the contract for the waste disposal service of the aquaculture ordered by Busan Metropolitan City E.

Any person who intends to operate a waste treatment business at the place of waste transportation without permission shall have facilities, equipment and technical capacity meeting the standards prescribed by Ordinance of the Ministry of Environment and obtain permission from the competent Mayor/Do Governor

Nevertheless, from December 4, 2012 to June 6, 2012, Defendant A had Defendant B, who did not have a business site waste disposal business license in L and M located in BusanK, transport food in the plantation.

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