Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a person who conducts a building business with the trade name of C.

No one shall reclaim or incinerate wastes at a place other than a waste disposal facility permitted, approved, or reported pursuant to this Act.

On November 1, 2016, the Defendant illegally buried waste block and waste brick 9.5 tons of construction waste, which were generated from remodeling a building existing in Nam-gu, Nam-gu (89.16 square meters), into the first floor beer and a drilling floor, in which the Defendant illegally buried waste block and waste brick 9.5 tons.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of witness E;

1. Statement made by the witness F in the third public trial records;

1. Entry of part of the witness G in the fourth public trial record;

1. Entry of part of the witness H in the fifth public trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A written accusation;

1. Determination as to each claim, deposit sheet, photograph (the investigation records No. 12 to 23, 38 to 50, 61 to 67), standard construction subcontract agreement, estimate defendant and defense counsel

1. Article 63 subparag. 2 and Article 8(2) of the Waste Management Act, the applicable legal person stated in the alleged indictment, applies to cases where industrial wastes were illegally buried. According to Article 2 subparag. 3 of the same Act and Article 2 subparag. 9 of the Enforcement Decree of the same Act, if criminal punishment is to be imposed pursuant to the above penal provision, the scope of the workplace must be a series of construction works that discharge at least five tons of wastes.

However, among the wastes described in the facts charged in the instant case, only the Defendant buried at least 4.5 tons on April 27, 2017 (hereinafter “the primary waste”), and the wastes of 5 tons on May 6, 2017 (hereinafter “the second wastes”) were not buried by the Defendant, but were originally buried from the original date.

Therefore, the defendant is not guilty because he does not meet the composition requirements to discharge not less than five tons.

2. Determination

A. First, the instant wastes are industrial wastes.