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(영문) 수원지방법원 평택지원 2013.11.14 2012고단1478
폐기물관리법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established in Ansan for the purpose of the sale of aggregate production, and the defendant A is the representative director of the above corporation B.

[2012 Highest 1478]

1. No person who has obtained permission or approval or filed a report shall reclaim or incinerate wastes at a place other than a waste disposal facility;

Nevertheless, as the Defendant did not obtain permission for the development of stone in the above site, he pretended to be a new construction of a factory and retail store on the above site, and obtained permission for development activities on the above site. In fact, in order to restore the place where stone was collected in the process of development of stone production to the original state, the Defendant used in collecting inorganic sludge generated during the aggregate production process, and buried without permission in excess of the permitted self-permission amount of reclamation from the resistant viewing, but did not make it difficult for the Defendant to fill it out. As such, the Defendant brought the wastes generated from other companies to reduce the cost of purchasing sand to be used for collecting stone, etc., and intended to illegally reclaim them.

Accordingly, on June 13, 201, the Defendant: (a) obtained permission to use approximately 8,400 tons of inorganic sewage generated from Ansan viewing Co., Ltd. for the purpose of restoring the site to its original state; (b) obtained from September 2011 to December 201, the Defendant illegally buried the same for the purpose of restoring the site to its original state. (c) By mixing the inorganic sewage total of 18,000 tons generated from the Franchi Construction Co., Ltd. with normal soil and 1:1; and (d) buried the same for the purpose of restoring the site to its original state without undergoing appropriate disposal methods.

2. Defendant B, at the same time, and at the same place as above 1.3, Defendant B, a representative of the Defendant, committed the same violation as above 1.3 in relation to the Defendant’s business.

[2013 Highest 1206]

3. Defendant A is equivalent to 18,000 cubic meters of inorganic waste, which was illegally buried in E, from the Ansan City around April 16, 2013, from September 201 to December 201, as well as from September 201.

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