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(영문) 춘천지방법원 영월지원 2015.11.27 2015고단348
폐기물관리법위반
Text

Defendants shall be punished by a fine of four million won.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the husband of the representative director of the defendant B, and the actual representative director of the above defendant B, and the defendant B is a corporation established for the purpose of real estate development business.

1. No person who intends to reclaim or incinerate wastes in any place other than a waste treatment facility permitted, approved, or reported in accordance with the Wastes Control Act;

A. On September 2013, the Defendant buried 25.38 tons of commercial wastes, such as waste concrete, from a housing building removed for the construction of the above E at the site of the E development project located in Thai City D, and buried at the construction site at the above site.

B. From May 2014 to June 201, the Defendant buried 133.34 tons of commercial wastes, such as waste concrete, from a stable building demolished for the said construction at the place specified in paragraph (a) of Article 1, at the construction site.

Accordingly, the Defendant buried waste in a total of 158.72 tons in a place that is not a waste disposal facility permitted, approved, or reported pursuant to the Wastes Control Act two times.

2. Defendant B corporation

A. The defendant 1-A

A, the actual representative of the defendant, at the time and place of time and place of paragraph 1 A, with respect to the defendant's business.

As described in the paragraph, 25.38 tons of commercial wastes were buried.

B. The defendant 1-B

A, the actual representative of the defendant at the date and time, at the location of paragraph 1(b), shall be the defendant's business.

As described in the paragraph, 133.34 tons of commercial wastes were buried.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of Acts and subordinate statutes to field surveys, photographs, orders to take measures and certified transcript of register;

1. Defendant A: Article 63 subparagraph 2 of the Wastes Control Act and Article 8 (2) of the Act on the Control of Wastes: Article 67, Article 63 subparagraph 2 of the Wastes Control Act and Article 8 (2) of the Act on the Control of Wastes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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