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(영문) 청주지방법원 2016.06.15 2016고정266
폐기물관리법위반
Text

Defendants shall be punished by a fine of 6 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

The limited company B is a corporation established for the purpose of the wholesale and retail business of aggregate manufacturing, and the defendant A is the actual operator of the above company.

1. A person discharging wastes from his/her place of business shall dispose of wastes generated from his/her place of business on his/her own, or entrust the disposal thereof to a person licensed;

Nevertheless, on May 23, 2015, the Defendant: (a) transferred 25.5 tons of the E E 25.5 tons of cargo and F’s G 25.5 tons of the 25.5 tons of the waste, which is a waste, to a person who did not obtain a license for the waste treatment business, and entrusted the disposal of the waste to a person who did not obtain a license for the waste treatment business, by transferring 200 tons of the non-waste to a waste disposal facility located in Seo-gu, Seo-gu, Seo-gu.

2. Defendant B, who was a substantial operator, committed a violation as set forth in paragraph (1) with respect to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against F or D;

1. Each police statement made to I and J;

1. Public officials' statements;

1. Investigation report (the details of the prosecutor's direction);

1. A report on the results of a business trip ( feeB);

1. Acceptance of an investigation report (a report on confirmation of matters authorized or permitted), a certificate of registration of aggregate extraction business, and a report on a person discharging industrial wastes;

1. Each construction machinery registration certificate, a certified copy of the corporate registry and a copy of business registration certificate;

1. ECOTEC (material safety and health data);

1. Each accusation;

1. Application of statutes on site photographs;

1. Article 65 Subparag. 2 of the former Waste Management Act (amended by Act No. 13038, Jan. 20, 2015; hereinafter the same shall apply) and Article 18(1)(excluding punishment) of the same Act on criminal facts and subparagraph A of a sentence: Articles 67, 65 Subparag. 2, and 18(1) of the former Waste Management Act (amended by Act No. 13038, Jan. 2015);

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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