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(영문) 대전지방법원 홍성지원 2017.12.07 2017고정87
폐기물관리법위반
Text

Defendants are not guilty.

Reasons

1. Facts charged;

(a) A person who discharges, collects, transports, recycles, or disposes of industrial wastes prescribed by Ordinance of the Ministry of Environment in violation of the Waste Management Act of Defendant A and C, and D shall enter the matters concerning the delivery and receipt of wastes into the electronic information processing program whenever he/she discharges, collects, transports, recycles, or disposes of such wastes, and no person shall enter false matters concerning the delivery and receipt of wastes in violation of such information;

Nevertheless, Defendant A, C, and D intended to issue a false measurement certificate as if they were disposed of, although they did not transport and dispose of 14,639 tons of her place of business remaining in E, and then enter them in the electronic information processing system, which is the electronic information processing program.

The facts are as follows: (a) Defendant A collected only 14,639 ton of approximately 14,639 ton from around June 2012; and (b) transported and processed around November 28, 2012 to around December 12, 2012; (c) D used D’s measurement subject to D’s operation for about 24 days from around November 28, 2012 to December 21, 2012; (d) C issued 518 measurement certificates stating the quantities and transport days of the erroneous transport as if Defendant A transported 14,639 ton in accordance with Defendant A’s instructions; and (e) C, based on the measurement certificate, issued a false electronic information processing system, as seen above, as if it was actually transported to freight 14,639 tons; and (e) C used the electronic information processing system as if it was actually processed.

As a result, Defendant A, C, and D entered false information about the delivery and receipt of wastes in collusion.

B. Defendant Company committed the crime of Defendant B committed the act of violating the Defendant Company’s business, such as the date and place mentioned in the preceding paragraph, A, the representative of which was the Defendant Company.

2. Issues and judgments

A. The key issue of the instant case is only 14,639 tons of Austria, a place of business where Defendant A conspired with C, in collusion with C.

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