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(영문) 인천지방법원 부천지원 2018.11.09 2018고정721
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who collects, transports, and recycles scrap metal at the seat of Kimpo-si C.

A person who collects, transports, or recycles waste, scrap metal, etc. and whose scale is at least 2,00 square meters at the place of business shall be equipped with facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report to the Mayor

Nevertheless, from December 30, 2017 to March 20, 2018, the Defendant collected, transported, and recycled scrap metal, etc. without reporting waste disposal to the competent administrative agency at the place of business located in Kimpo-si (area 5,000 square meters).

2. Defendant B is a corporation established for the purpose of recycling and scrap metal wholesale business.

Defendant A, in the same manner and at the same time and place as the above Paragraph 1, committed the above-mentioned violation with respect to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Application of the Acts and subordinate statutes to the report of criminal place (B-A), investigation report (report on detection of violation of the Waste Management Act-B), confirmation of violation, photograph related to violation, and copy of business registration certificate

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 66 Subparag. 2 and Article 46 Subparag. 1 of the Waste Management Act; Selection of fines

(b) Company B: Articles 67, 66 subparagraph 2, and 46 (1) of the Waste Management Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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