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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
B, a corporation established for the purpose of interim disposal of construction waste, etc., was unable to dispose of approximately five million cubic meters of circular aggregate, which had been engaged in construction waste disposal in Seo-gu, Incheon, Seo-gu, and six parcels of land (hereinafter “instant circular aggregate”). Around October 19, 2006, a corporation transferred a construction waste interim disposal business license to D, and transferred a non-exclusive right to the circular aggregate part, etc. of the instant recycled aggregate.
E Co., Ltd. entered into a contract for the purchase of recycled aggregate in this case with B around February 1, 2007 and entered into a contract for the production of recycled aggregate in the name of “F” with the Defendant who was engaged in the business of leasing construction machinery, but E Co., Ltd. failed to acquire the ownership of recycled aggregate in this case because the above contract was not implemented. As such, the Defendant could not acquire the ownership of recycled aggregate in this case through E Co., Ltd., and the above contract was not subject to delegation to the Defendant of authority for the production, sale, etc. of recycled aggregate in this case, and the ownership of recycled aggregate in this case is not transferred to the Defendant. Thus, even according to the above contract, the Defendant did not acquire the ownership of recycled aggregate in this case.
Therefore, there is no judgment that the defendant has any right to the circular aggregate of this case.
Nevertheless, the Defendant, at the Defendant’s house located in Ma on July 26, 2016, concludes a contract for the transfer of wastes with H Co., Ltd. at the Defendant’s house located in Ma on July 26, 201
1. A statement that “one copy of the waste ownership judgment” is written as “one copy of the waste ownership judgment,” and the attitude that I had the right to dispose of the recycled aggregate in this case, and through I, the victim H and the Defendant, “the Defendant,” and the circular aggregate in this case, in KRW 2,000,000,000.