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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes engaged in an unauthorized waste treatment business shall obtain permission from the competent authority with facilities, equipment, and technical capabilities prescribed by relevant Acts and subordinate statutes;
The defendant from the end of June 2017 to the same year
8. Since it is necessary to store waste to operate a waste treatment business without permission to a middleman, a site and office with a size of 1,322 square meters in Yangju-si B and C was leased from D, and collected waste 894.3 tons of commercial waste, such as waste fiber and waste synthetic resin, through E introduced by the Defendant’s branch.
Accordingly, the Defendant did waste disposal business without obtaining permission from the competent authorities.
2. A person who has been ordered by the Minister of Environment, the Mayor/Do Governor or the head of a Si/Gun/Gu to take measures concerning methods of disposal of wastes shall comply with such order within such period.
Nevertheless, the Defendant stated in the facts charged in around January 9, 2018 as “A December 18, 2018.” However, according to the evidence adopted and examined by this court, the order for the removal of wastes recorded in the facts charged was served by the method of public notice under Article 14(4) of the Administrative Procedure Act on December 26, 2017. Thus, pursuant to Article 15(3) of the same Act, the Defendant’s order for the removal of wastes contained in the facts charged was effective on January 9, 2018.
Therefore, it is reasonable to view that the two weeks of the two states market “the removal of wastes left alone until January 19, 2018” was ordered by the two states market, but the order to take measures was neglected to the end of the said period and did not comply with the order to take measures.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A statement prepared in F (Evidence Nos. 27);
1. Application of Acts and subordinate statutes to a report on investigation (Submission of G data for witnesses);
1. Relevant provisions of the Act concerning facts constituting an offense;