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(영문) 창원지방법원 밀양지원 2015.04.23 2014고단357
폐기물관리법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for 10 months, and by a fine of 5,00,000 won for Defendant B

2. Provided, That the defendant.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, who is the company collecting aggregate in Gyeong-gun, Gyeong-gun.

1. Although Defendant A was prohibited from reclaiming wastes in any place other than the waste disposal facilities authorized and permitted pursuant to the Wastes Control Act, the Defendant received approximately 50,000 tons of waste stone sand, which are wastes, from water quality of a corporation, which was located in Si/Gun, from around 1998 to around 2008, and buried them without permission from the competent authority at the above site.

2. A, the representative director of the Defendant B’s Defendant Company, buried approximately 50,000 tons of waste rocks, which are wastes, without permission, at the same time and place as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of prosecutorial statement concerning F, G, and H;

1. A protocol concerning the examination of each police suspect against the defendant A;

1. Each report on investigation;

1. The filing of an accusation, the notification of the results of each waste inspection, and the application of statutes on a list-type ledger;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 63 and 8(2) of the former Wastes Control Act (Amended by Act No. 11914, Jul. 16, 2013);

B. Defendant B: Articles 67(1), 63, and 8(2) of the former Wastes Control Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B corporation of the provisional payment order: Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The facts constituting the crime of the judgment that became final and conclusive as a separate case against the Defendants are as follows: “The Defendants did not comply with the orders of the head of Changwon District Court to take measures regarding the waste treatment of approximately KRW 3,000 tons of inorganic wastes, which were the wastes stored in the workplace of a joint stock company B located in Gun, from June 7, 2012 to April 2, 2013, which were located in Gun, for about five times in total.” (Supreme Court Decision 2013Ra396 Decided January 9, 2014).

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