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The judgment of the court below is reversed.
Defendant
A The fines of KRW 10,00,000 and the fines of KRW 5,000,00 are imposed on Defendant B Co., Ltd.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found Defendant A guilty of dumping wastes as stated in the facts charged of this case. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is the manager of B corporation in the fifth floor of Busan Metropolitan Government C building in Busan Metropolitan Government, who actually operates the said corporation, and the Defendant B corporation is a corporation established for the purpose of construction, civil engineering, construction, etc.
1) Defendant A may not dump wastes in any place other than facilities or places prepared by the manager of facilities, such as Special Self-Governing City, Special Self-Governing Province, Si/Gun/Gu hold, park, road, etc. for the collection of wastes. Nevertheless, the Defendant is equivalent to 59.8 tons of construction wastes (waste wood, waste plastics, concrete sculptures, sand, boms, etc.) generated from a house built by the Defendant from April 2, 2017 to December 2, 2017 and from a hotel’s construction site (hereinafter “instant wastes”).
[1] The Plaintiff’s land (hereinafter referred to as “instant land”) in Busan-gun, not the place or facility for the collection of wastes.
(2) Defendant B, as the manager of the Defendant, committed an act in violation of paragraph (1) with respect to the Defendant’s business as an employee.
B. The lower court found Defendant A not guilty of the facts charged in the instant case on the ground that the evidence presented by the prosecutor alone was insufficient to recognize the fact that Defendant A dumped the wastes on the instant land.
C. The facts charged in the instant case are crimes falling under Articles 63 and 8(1) of the Wastes Control Act and Article 30 of the Criminal Act, and Article 8 of the Wastes Control Act provides that “the prohibition of waste speculation,” etc.