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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. No person who has obtained permission for a waste treatment business shall allow another person to collect, transport, or dispose of wastes using his/her name or trade name, nor lend his/her license to another person;
From March 29, 2006, the Defendant, a person who actually operates F Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., located in Hasung City around February 21, 2012, obtained permission for food waste recycling business (including permission for collection and transportation business) from the chemical market. From around that time to May 2, 2013, the Defendant: (a) had a G, who did not obtain permission for food waste disposal business, collect and transport food waste of about 2 tons a day average of 42 tons from the reduced place of business, such as H and I, or schools, using the name of F Co., Ltd., Ltd. (F).
2. Determination based on the evidence submitted by the prosecutor alone, it is insufficient to recognize that the F Co., Ltd. F (hereinafter “F”) operated by the Defendant had G treat wastes using the above company’s name or trade name or lent its license.
Rather, according to the trial and records, G entered into a transport contract with F to collect wastes from restaurants that entered into a waste disposal contract with F and transport them to F business sites. The overall process from the first collection stage of the above wastes to the final waste disposal stage is likely to have been managed by F. However, there is no special circumstance to recognize G as a substantial party who entered into a waste collection and transport contract with each restaurant.
As such, Articles 68 and 13(1) of the Wastes Control Act, Article 38-3 attached Table 8 of the Enforcement Decree of the Wastes Control Act (Presidential Decree No. 24266)
(c)(i) the prescribed “vehicles collect and transport wastes on vehicles, other than vehicles collecting and transporting wastes, or not transport wastes by an exclusive vehicle designated by type of wastes.”