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(영문) 대구지방법원 2018.07.19 2018고단1851
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a waste treatment company called D in Gyeonglbuk-gun C.

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authority with facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant, without obtaining permission from the competent authorities from January 29, 2018 to February 28, 2018, transported approximately 200 tons of waste glass fibers, waste synthetic resins, etc. mixed with scrap metal generated at the site of demolition of factory buildings in Gumi-si from Gumi-si from January 29, 2018 to February 28, 2018 to the said D workplace.

Accordingly, the Defendant did waste treatment business without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation, written statement, field photographing statute;

1. Relevant legal provisions for criminal facts, and Articles 64 subparag. 5 and 25 subparag. 3 of the Alternative Waste Management Act, and the choice of a fine ( even though this type of crime is a crime during the period of probation, and the gain gained by the defendant is not less than 16 million won, and thus, the crime is recognized and reflected by the defendant, the defendant treats the above wastes in a legitimate manner, and the defendant has no criminal records of the same kind);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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