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(영문) 청주지방법원 충주지원 2017.04.18 2017고단166
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. As prescribed by Ordinance of the Ministry of Environment, Defendant A waste treatment business entity shall observe matters to be observed to keep wastes in an appropriate place, such as storage facilities in the permitted place of business, temporary storage facilities approved, etc.;

Nevertheless, the Defendant, as the president of the B Co., Ltd., a waste disposal business entity, did not store wastes entrusted by the Youngjin Environment Industry Co., Ltd. and the business establishment located in the B Co., Ltd., located in Chungcheongnam-gun, Chungcheongnam-gun, from September 1, 2016 to October 21, 2016, in the storage facilities (561 cubic meters) where the initial permission was granted, but did not store the first floor, the pressure tower stuffs (50 cubic meters x 1,25 cubic meters x 1) around the boundary line of the site of the business establishment, thereby violating Article 25(9)1 of the Waste Management Act.

2. Defendant B Co., Ltd. committed a violation under Article 66 subparag. 9 of the Waste Management Act, as stated in the above 1. Date and place, A, the representative of the Defendant, as stated in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the criminal place;

1. A report on results of a business trip (the primary report);

1. The current status of photographs and the ledger of waste management entrusted;

1. Notification of administrative disposition or order for administrative disposition;

1. A copy of contract;

1. Application of Acts and subordinate statutes on licenses for waste treatment business;

1. Defendant A of the relevant Act on the facts constituting the crime: Article 66 subparagraph 9 of the Wastes Control Act and Article 25 (9) 1 of the same Act (in violation of any of the matters to be observed), Defendant B, who is selected as a fine: Articles 67 and 66 subparagraph 9 of the Wastes Control Act, and Articles 25 (9) 1 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) (Defendant A) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;

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