Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No person shall reclaim wastes at a place other than a waste disposal facility permitted, approved, or reported pursuant to the Waste Management Act.

Nevertheless, on June 15, 2017, the Defendant buried 75 tons of inorganic sludge, a place of business, using three 25 tons dump truck in Yangju-si B and C farmland, without permission.

Accordingly, the Defendant buried wastes in a place other than a waste disposal facility permitted, approved, or reported.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written statement, a report on results of a business trip, field photographs, confirmation, and a statement of transactions;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 63 of the relevant Act and Articles 63 subparagraph 2 and 8 (2) of the Waste Management Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the fact that the Defendant recognized the criminal facts of the instant case and against his mistake; and (b) appears to have taken measures for restoration from the original state, such as collecting wastes buried without permission, etc. are recognized as favorable to the Defendant.

However, in light of the contents and methods of the crime, legislative intent of the Waste Management Act, etc., the crime of this case where the defendant buried 75 tons of inorganic waste, which is a commercial waste, without permission, is not less than that of the crime. The crime of this case has the history of having been punished several times due to the crime of this kind. The general amounts of punishment in the same and similar cases, balance among the general amounts of punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, and economic circumstances, etc., shall be determined as ordered by the order.