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(영문) 인천지방법원 부천지원 2013.07.03 2012고정2062
폐기물관리법위반
Text

Defendants shall be punished by a fine not exceeding 1.5 million won.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a representative director who operates “B” and Defendant B is a corporation established for the purpose of collecting and processing recyclable resources.

1. Although a person who intends to engage in the business of collecting, transporting, recycling, or disposing of Defendant A’s wastes after obtaining permission from the relevant authorities as prescribed by Ordinance of the Ministry of Environment, the Defendant operated the waste disposal business, such as collecting waste synthetic resin from July 20, 2012 to September 4, 2012, without permission from the relevant authorities, and selecting and compressing them using the screening machine, etc.

2. Defendant B, the Defendant, at the time, and at the place specified in paragraph (1), committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. A certificate;

1. Business registration certificate;

1. On-site photographs;

1. Scenic photographs;

1. Copy of corporate register;

1. Application of lease contract Acts and subordinate statutes;

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

(a) Defendant A: Subparagraph 1 of Article 64 and Article 25 (3) of the Wastes Control Act (Selection of Fines);

(b) Defendant B: Articles 67, 64 subparag. 1, and 25(3) of the Wastes Control Act (Selection of Fines)

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. The defendants guilty of Article 334(1) of the Criminal Procedure Act (the defendants) asserted that the business run by the defendant Eul Co., Ltd. (hereinafter "the defendant Co., Ltd.") is not permitted. Thus, considering the above evidence, not only the defendant's act of collecting and transporting paper, scrap metal and waste packaging materials (only the container is applicable to paper packaging, glass bottles, metal cans, and packaging materials made of synthetic resin materials; hereinafter the same shall apply), but also the act of screening and compressing waste packaging materials can be acknowledged. Meanwhile, according to the Wastes Control Act and subordinate statutes, the above act is repealed or scrap metal.

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