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(영문) 대구지방법원 서부지원 2014.10.15 2014고정829
폐기물관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A The representative director of the corporation B and the defendant corporation B are corporations established for the purpose of the plastic manufacturing business for recycling.

1. If a person who has filed a report on waste treatment business or a person who has filed a report on waste treatment suspends his/her business or closes his/her business for a specified period exceeding the period prescribed by Presidential Decree, the Minister of Environment or the Mayor/Do Governor may order the person who has filed the report to dispose

Defendant

A From June 2005, from around 2005, he/she operates B, a corporation in the Sungju-gun, Sungbuk-gun.

Around May 2007, there was no feasibility of business, and around May 2007, waste containing waste synthetic resin, tree sculptures, etc. was stored at the entrance and storage of wastes at the relevant place of business.

Accordingly, Defendant A failed to comply with the administrative disposition order (the waste disposal order) to dispose of the above wastes by April 30, 2014 from the head of Sungju Gun on or around April 3, 2014, even if Defendant A received the delivery by mail.

2. Defendant B, Defendant B, a representative director, committed the act of violation as referred to in the preceding paragraph with respect to his business.

Summary of Evidence

1. The defendant A's partial statement

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A letter of business trip;

1. Notice of waste disposal order or administrative disposition order (waste disposal order);

1. A written accusation;

1. Waste recycling report certificate;

1. Application of the Acts and subordinate statutes on investigation reports (report attached to the materials sent by the head of Sung-Gun Office);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 8-2 of Article 65 and Article 40 (2) of the Wastes Control Act (Selection of Fines);

(b) Defendant B: Articles 67, 65 subparagraph 8-2, and 40 (2) of the Wastes Control Act (Selection of Fines);

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

1. The defendant shall be sentenced to a judgment of acquittal under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order.

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