logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.09.19 2018고단1171
폐기물관리법위반
Text

Defendant

A The defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who collects and transports wastes prescribed by Ordinance of the Ministry of Environment, such as Defendant A’s abolition and scrap metal, or recycles such wastes by the method prescribed by Ordinance of the Ministry of Environment and falls under the criteria prescribed by Ordinance of the Ministry of Environment (the scale of a business site is at least 2,00 square meters) for the scale of a place of business, etc. shall prepare facilities and equipment in compliance

Nevertheless, the Defendant, from October 24, 2017 to January 16, 2018, run a recycling business after collecting and transporting scrap scrap metal, rain scrap metal, etc. in the area of 2,385.9 square meters, without reporting waste disposal to the head of Kimhae-si, a joint stock company, which was operated by the Defendant from around October 24, 201 to around January 16, 2018.

2. Defendant B is a corporation established for the purpose of wholesale and retail business of scrap metal.

A director of the defendant's inside company operated waste recycling business without reporting waste disposal to the competent authorities, such as Paragraph 1, in relation to the defendant's business at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 66 subparagraph 2 of the Waste Management Act and Article 46 (1) subparagraph 2 of the same Act ( imprisonment with prison labor) and Article 46 (1) subparagraph 2 of the same Act: Defendant B: Articles 67 and 66 subparagraph 2 of the Waste Management Act and Article 46 (1) 2 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing specified in Article 334 of the Criminal Procedure Act;

1. The sentence of imprisonment with labor for one year: The punishment of imprisonment with labor for not more than six months and the grounds for an aggravated sentence of two years: Large scale and the accumulated records of punishment (including two times the same type of fine): confession and the resolution of illegality (Provided, That the determination of temporary measures is made that the amount of business is reduced to less than 2,00m2 by leasing part of the existing place of business to another person);

2. Type B of defendant corporation: Fine of KRW 10 million: Fine of KRW 10 million.

arrow