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(영문) 창원지방법원 2016.01.13 2015고단1960
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 23, 2013, the Defendant violated the Waste Management Act with respect to the intermediate recycling business of wastes without obtaining permission for change, the Defendant, under the name of the wife D, was operating the F in substance with the trade name “F” from the Kimhae-si market.

As the demand for waste disposal has increased due to the prohibition of marine speculation of wastes, the volume of waste collected by the Defendant has also increased, but the scale of the facilities for disposal by the Defendant and the growth conditions between the areas is limited to the disposal capacity due to the disposal of wastes. As such, the Defendant installed a breeding house in a place other than the permitted place, and operated the business of collecting and transporting waste in a manner that collects waste from the waste discharger in a fertilizer company or a neighboring area supplies it to the farm household, while having received profits by receiving the disposal costs from the waste discharger, by pretending that the Defendant disposes of all wastes.

From early 2014 to June 2015, the Defendant: (a) stored waste in the foregoing F “F”; (b) entered into force with the fire fighting unit; and (c) subsequently, delivered the waste to the bridge of the area to the producer of the local farm; (b) without obtaining permission for modification; (c) was entrusted with the disposal of waste for the total sum of 23,334.87 tons of the year 2014 by the Defendant, etc., and received approximately 23,34.87 tons of the waste from the Plaintiff, etc.; (d) was partially dried without inserting the fire fighting unit; (e) supplied the waste to the producer of G et al. without any processing; and (e) changed the use or method of recycling by supplying the waste as compost to the producer of G et al.

2. A person who discharges, transports or disposes of industrial wastes in a place of business violating the Waste Management Act concerning entry into an electronic information processing program;

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