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(영문) 인천지방법원 2017.01.04 2016고단6711
건설폐기물의재활용촉진에관한법률위반
Text

Defendant

A Imprisonment for a year and six months, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a fine of KRW 3 million for a violation of the Waste Management Act at the Incheon District Court on July 22, 2000; KRW 3 million for a violation of the Waste Management Act at the Incheon District Court on January 27, 2001; KRW 4 million for a violation of the Waste Management Act at the Incheon District Court on September 21, 2001; and KRW 3 million for a violation of the Act on the Promotion of Recycling of Construction Wastes at the Incheon District Court on March 29, 201, respectively.

[Criminal facts]

1. Where a construction waste treatment business operator who has taken measures to guarantee the performance of the disposal of neglected wastes for Defendant A suspends his/her business activities due to the revocation of permission, the approval of a temporary storage is revoked, or where operation is suspended for at least 90 days due to other extenuating circumstances, the Mayor/Do Governor shall order the relevant construction waste treatment business operator to dispose of neglected wastes within a specified period, and the person ordered by the Mayor/Do Governor to dispose of neglected wastes shall dispose of wastes within the specified period

Defendant

A is a person who actually operates the foregoing company by the former director of the "F" corporation B (F) who is a construction waste company in Bupyeong-gu Incheon Metropolitan City.

As of September 18, 2015, the Defendant was ordered to revoke the permission for construction waste collection and transportation business and approval of a temporary storage place for construction waste collection and transportation business against B, a corporation located in Bupyeong-gu Incheon Metropolitan City, and was sentenced to a fine on March 29, 2016, by failing to comply with the order to dispose of all 7,83 tons of wastes left in the temporary storage place from the head of Bupyeong-gu Incheon Metropolitan City (the head of Bupyeong-gu, Incheon Metropolitan City, delegated the above duties by the Metropolitan City Mayor) to November 17, 2015 until November 17, 2015.

Nevertheless, the Defendant, on March 30, 2016, ordered to dispose of wastes neglected until April 29, 2016, and submit the result.

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