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(영문) 대전지방법원 공주지원 2015.05.22 2015고정15
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 the actual operator of the D Co., Ltd. as the E's representative of D Co., Ltd. located in C at the time of public order.

No person shall reclaim wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act.

Nevertheless, around August 2014, the Defendant buried waste concrete worth approximately KRW 100 tons among waste concrete generated from the removal of access roads to the said workplace in the site of a place of business, not a waste disposal facility that has obtained permission or approval.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Reports on the results of on-site verification;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of site photographs entrusted with waste concrete processing);

1. Relevant legal provisions and the main sentence of Article 63 (2) and the main sentence of Article 8 (2) of the Wastes Control Act (Selection of Fine) of the Act on the Punishment of Criminal Crimes;

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

1. The following circumstances, which can be acknowledged by the evidence of the judgment of conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order, (i) the public viewing public officials F, who used to control waste concrete at the scene of the first crime, failed to find out where waste concrete is left neglected to a certain extent because it could not find any topographical difference between the site where waste concrete was discharged on the ground at the time of the first crime and the topographical difference; and (ii) accordingly, F expressed its intention to consult about the excavation schedule to confirm whether waste concrete was buried after confirming the location of waste concrete from half-site site after confirming the location of waste concrete; (iii) the Defendant mobilized waste concrete at the scene of the crime without undergoing the procedure to confirm whether waste concrete was buried; and (iv) the F began to gather waste concrete at the site by gathering waste concrete at the site without undergoing the procedure to confirm whether waste concrete was buried at the scene of the crime; and

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