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(영문) 창원지방법원 2016.04.28 2016고정243
폐기물관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of the D Co., Ltd. in Kim Sea-si, and the defendant D Co., Ltd is a corporation with the purpose of general waste recycling business.

1. On August 12, 2015, Defendant A did not comply with the above order within the handling period without justifiable grounds, even though Defendant A directly received the order of administrative disposition under the name of the mayor, demanding the appropriate treatment by October 4, 2015, by failing to process approximately 250 tons of Maineineium orecium (acium) entrusted by the business partner by the business partner by the designated date.

2. The above A, the representative director of Defendant D Co., Ltd., did not comply with the above order to handle the Defendant’s business at the same date, time, and place as the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a public official in charge;

1. Each investigation report (including attachment of an order of administrative disposition, attachment of a registered inquiry, attachment of a registered mail page for the notification of administrative disposition, attachment of a registered mail page, and accompanying materials);

1. Application of statutes on site photographs;

1. Relevant Article 65 of the Act and Articles 65-2 and 39-3 of the Waste Management Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant, on November 25, 2015, has been sentenced to a fine of KRW 3 million for a violation of the Waste Management Act due to the storage of the instant wastes in excess of the period prescribed by Ordinance of the Ministry of Environment at the Changwon District Court on November 25, 2015, and the Defendant is currently pending in the appellate court, and the punishment is determined as

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