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(영문) 대전지방법원 서산지원 2018.05.02 2018고단48
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operated the company as a joint representative director of the F Co., Ltd. in Gyeyang-gu Incheon Metropolitan City, G is a person who has been in charge of discharging industrial wastes while working as a full-time manager, the above F Co., Ltd. is a corporation established for the purpose of food waste recycling and disposal business, and H is an actual operator of I established for the purpose of waste collection and transportation business.

A person discharging wastes from his/her place of business shall directly dispose of wastes generated from his/her place of business or entrust the disposal thereof to a person who has obtained permission

Nevertheless, the Defendant, in a manner that does not immediately enter the system in order to reduce G, H and waste disposal expenses, planned to entrust the disposal of commercial wastes discharged from FF corporation to an enterprise that did not obtain a license for the waste disposal business, and on February 26, 2016, entrusted the disposal of food wastes 24,050 g from the place of business of FF corporation to K corporation that did not obtain a license for the waste disposal business using J rollls trucks owned by I corporation, from that time to that year.

6. By the day of March 31, the said workplace entrusted the K Co., Ltd. with the total sum of 66,910 kilograms of food wastes over 29 times, as shown in the list of offenses in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol concerning the examination of a suspect by the prosecution against the defendant, G, L, or H;

1. Application of Acts and subordinate statutes to each internal investigation report, a copy of investigation report (including attached parts);

1. Article 65 Subparag. 2 and Article 18(1) of the former Waste Management Act (Amended by Act No. 13411, Jul. 20, 2015); Article 30 of the Criminal Act; Articles 30 of the Criminal Act; Articles 65 and 18(1) of the same Act; Articles 65 and 65 of the same Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the defendant has a criminal record of the same kind, reflects the fact, and the defendant's age, sex, environment, including equity in the punishment with other accomplices.

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