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(영문) 서울동부지방법원 2016.11.09 2016고정1586
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the Minister of Environment, if he/she intends to install facilities, equipment, and technical capacity in accordance with the standards prescribed by Ordinance of the Ministry of Environment to target designated wastes by type of business, wastes subject to business, and disposal field,

Nevertheless, the Defendant, without obtaining permission from the competent authority from June 2014 to October 27, 2015, collected and transported the waste, which is part of the body of the animals, using the cargo vehicles, such as D, in the trade name, “C” from Gwangjin-gu Seoul Special Metropolitan City, and used the waste disposal business.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (on-site verification for specifying the facts of suspicion, qualification for operation of the place of business of the person suspected of suspicion), investigation reporting (on-site verification);

1. Article 64 Subparag. 1 and Article 25(3) of the former Wastes Control Act (amended by Act No. 13411, Jul. 20, 2015); the selection of fines for criminal facts

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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