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(영문) 수원지방법원 2018.03.22 2017고정3264
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who operates automobile-scrapping business in the name of “stock company B” in the name of “B,” and Defendant A works as a director at the workplace of the same corporation.

No person shall reclaim or incinerate wastes at a place other than a waste treatment facility permitted, approved, or reported pursuant to the Waste Management Act.

Nevertheless, from the end of January 2017 to February 28, 2017, the Defendant, in collusion with E, discarded waste from business places, such as waste plastics, waste synthetic resin, miscellaneous waste, waste concrete, and waste concrete, and approximately 10.6 tons of earth and sand, and buried ready-mixed into the 46.41 cubic meters (breadth 4.25m, vertical length 3.9m, height 2.8m) of underground space of one building (the building at the work site) within the said location.

2. Defendant B is a corporation established for the purpose of automobile-scrapping management business.

The above violation was committed in relation to the defendant's duties at the time and place above, A and E (the confirmation of summary order) who is the representative of the defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement protocol of the E police;

1. F, G, H, and I - Written statements;

1. Detection Report (Violation of the Waste Management Act), - Certification of Violation, On-the-spot photographs of the detection site, and application of all registered certificates statutes;

1. Article 63 subparag. 2 and Article 8(2) of the Waste Management Act; Article 30 of the Criminal Act; Article 67 and Article 63 subparag. 2 and Article 8(2) of the Waste Management Act; Article 67 of the Waste Management Act; Article 63 subparag. 2 and Article 8(2) of the same Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Taking into account the fact that the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the “Provisional Payment Order”) recognizes the Defendants’ mistake and reflects the Defendants’ wrongness, and that all illegally buried wastes were restored to their original state.

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