Defendant

Park Sang-hoon (prosecution), Park Jin-hun, and Jin-hun (Public trial)

Attorneys Nam-soo (Korean National Assembly)

A defendant shall be punished by imprisonment for four months.

1) [Criminal Power]

On September 20, 2017, Defendant 1 was sentenced to imprisonment with prison labor for one year for a violation of the Wastes Control Act (before judgment of April 30, 2015), one year for a violation of the Wastes Control Act (before judgment of January 19, 2016), two years for a violation of the Wastes Control Act (after January 19, 2016), and two years for a violation of the Wastes Control Act (after January 19, 2016). The judgment became final and conclusive on February 2, 2018.

【Criminal Facts】

On October 23, 2015, the Defendant entered into a lease contract with the victim, who was the manager of the factory located in the Pakistan-si ( Address 12 omitted), to lease the above factory building and site (hereinafter “instant real estate”) under the name of the victim’s wife, with the content that he leases the above factory building and site (hereinafter “instant real estate”) in the name of the victim’s wife at KRW 50 million and KRW 3 million in monthly rent.

However, in fact, even if the Defendant is operating a waste disposal business without permission at the time, it was thought that the Defendant collected various mixed waste from the real estate immediately after the lease contract to be leased without any specific waste disposal plan in the future, and there was no specific property that can be repaid in the situation where the Defendant bears a large number of debts, such as delinquent taxes, etc., and thus, even if the instant real estate was leased from the victim, there was no intention or ability to pay the leased rent or deposit under the lease contract to the victim properly.

Ultimately, the Defendant, by deceiving the victim as above, received the instant real estate leased from the victim on the same day, and neglected to store large amounts of mixed wastes, thereby acquiring pecuniary benefits equivalent to the instant real estate rent from the victim.

1. Defendant's legal statement;

1. Some of the suspect interrogation protocol of the defendant (including the interrogation protocol of the defendant and the interrogation protocol of the defendant)

1. The police statement of Nonindicted 33

1. A real estate (factory) monthly rent contract, and an agreement;

1. Public papers written on the order to take measures to dispose of wastes, and △△ photographs;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (verification of concurrent records under the latter part of Article 37 of the Criminal Act);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

As indicated in the record of the instant crime, the Defendant recognized the instant crime and against his mistake. As indicated in the judgment, the instant crime was committed on February 2, 2018, and the Wastes Control Act (before the judgment became final and conclusive on January 19, 2015) which became final and conclusive on February 2, 2018 and concurrent crimes under the latter part of Article 37 of the Criminal Act, and should take into account equality with the case where the Defendant simultaneously ruled these crimes pursuant to Article 39(1) of the Criminal Act. However, prior to the instant crime, the Defendant had been punished several times for the same crime of fraud and the violation of the Road Traffic Act, etc. In particular, prior to the instant crime, on April 22, 2015, the Defendant was sentenced to a suspended sentence of six months on April 30, 2015, and was committed without being familiar with the Defendant’s age during which the instant crime was committed, and the Defendant did not have been punished for any damage to the real estate environment and the surrounding circumstances.

Judges Kim Jong-ro

1) On April 12, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act (the date of the crime shall be from July 2011 to January 2012) by the Jung-gu District Court on April 12, 2013, and the said judgment becomes final and conclusive on April 20, 2013. On April 22, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud (the date of the crime shall be March 201 and May 2012) at the Jung-gu District Court on April 30, 2015 and was sentenced to a suspended sentence of one year for a violation of the former part of Article 3 of the Road Traffic Act (the Road Traffic Act, before the judgment becomes final and conclusive on January 20, 2013), and the said judgment may not be sentenced to a fine of one year for a violation of the former part of Article 301 of the Road Traffic Act (the Road Traffic Act).