Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. Joint crime committed by the Defendant and C - The Defendant in violation of the Waste Management Act agreed to lease a factory with C on July 2016 to August 2016, to operate a waste treatment business by leasing the factory with C. The Defendant leased the factory under his/her own name, and C conspired to store waste in the leased factory after receiving waste and disposal costs through D.
Any person who intends to operate a waste treatment business shall obtain permission from the competent authorities.
Nevertheless, on October 10, 2016, the Defendant entered into a contract with E Co., Ltd. for leasing approximately KRW 5,139 square meters of a factory site and approximately KRW 2,006 square meters of the ground-based factory building located in Sung-gun, Gyeong-gun, Gyeong-gun, and kept approximately KRW 36 million of waste paid from D from around October 1, 2016 to January 15, 2017 without the permission of the competent administrative agency, and after receiving approximately KRW 36 million of waste from D in return for the payment of KRW 8,200,00 from D to January 15, 2017.
Accordingly, the defendant, in collusion with C, engaged in waste disposal business without obtaining permission from the competent authorities.
2. Joint crime committed by the Defendant and C - Violation of the Punishment of Violences, etc. Act (joint property damage, etc.) and the Defendant and C continued to destroy the above factory by loading wastes into the building inside the above factory building even though they knew that the wastes sent D while staying together or alternately at the factory as stated in the above public offering around Oct. 13, 2016 to Jan. 15, 2017, while they loaded onto the factory, that excessive wastes sent by D, such as building walls, windows, doors, etc., were put up due to excessive waste weight.
Then, the Defendant and C appear to have been in custody of wastes inside the above factory building through the glass window at the above time and place, and in accordance with the Defendant’s proposal, the Defendant and C may impair the utility of the glass window by spreading a white roman frame on the wall of the factory to 7 head of the glass window installed on the wall of the factory.