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(영문) 창원지방법원 밀양지원 2017.12.07 2017고단367
폐기물관리법위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director B, who is located in Sinnam-gun, and Defendant B is the intermediate recycling company for waste.

1. As prescribed by Ordinance of the Ministry of Environment, Defendant A waste treatment business entity shall store wastes in an appropriate place, such as a storage facility in a permitted place of business or an approved temporary storage facility, and shall not store wastes in excess of the quantity of storage permitted or approved. Meanwhile, a person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the competent authority;

B was permitted to keep a maximum of 1,620 tons of waste synthetic resin inside a warehouse for the foregoing business, but the Defendant, from April 2017 to July 14, 2017, stored approximately 3,448 tons of waste in excess of the amount of storage permitted on the aggregate of 1,715 square meters of the site for a factory not permitted as storage facilities, and the site for a factory and farmland not permitted as farmland diversion, which are farmland adjacent to the foregoing factory, and stored waste of approximately 1,715 square meters of waste in excess of the amount of storage permitted on the ground, Gyeong-gun, Gyeong-gun, etc., and simultaneously diverted the farmland.

2. Defendant B, Defendant B, at the same time and place as above 1, committed an act of violation as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. On-site photographs;

1. Corporation registry;

1. Photographs and land register;

1. Each accusation;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of waste storage facilities permitted);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 66 subparagraph 9 of the Wastes Control Act, Article 25 (9) 1 (the fact that a person does not keep wastes in an appropriate place, such as a storage facility, within a place of business permitted to do so) of the Waste Management Act, Article 66 subparagraph 9 of the Waste Management Act, Article 25 (9) 2 (the fact that he/she stores wastes in excess of the quantity or period prescribed by Ordinance of the Ministry of Environment), Article 57 (2) and Article 34 (1) of the Farmland Act (the fact that he/she has diverted farmland without permission);

B. Defendant B: Articles 67 and 66 Subparag. 9 and 66 of the Waste Management Act.

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