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(영문) 전주지방법원 2018.09.20 2018고단182
폐기물관리법위반등
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person who intends to dispose of wastes at the end of 2018 shall pollute the surrounding environment by transporting the relevant wastes to any place other than a place where they can be properly disposed of, recycled, or stored in accordance with the standards and methods prescribed by Presidential Decree, and shall divert any farmland outside an agricultural promotion area without obtaining permission to divert farmland.

From June 2017 to January 2018, the Defendant installed a fence on farmland (former) with a size of 2,535 square meters in Kim Jong-si, other than an agriculture promotion area, without obtaining farmland conversion permission, and without roof or cover. The Defendant carried in and entered 700 tons of mixed wastes, such as constructed wastes and recycled plastics, removed from a factory in Kim Jong-si D at Kim Jong-si.

In this way, the Defendant used farmland for purposes other than agricultural production or improvement of farmland without obtaining permission to divert the surrounding environment at the same time by properly disposing of, recycling, or storing wastes to a place other than a place where it can be properly disposed of, recycled, or stored.

On December 26, 2013, the Defendant: (a) purchased a passenger car (E) with 6-lane 25,000,000 from the point of Hasan-si, the Hasan-si, the 2018 Highest 719, and (b) obtained a loan of KRW 25,00,000 from Hyundai Capital as security; and (c) agreed to repay the said car for the total amount of KRW 505,714,00 per month in the equal repayment method; and (d) set up a mortgage on the said car to Hyundai Capital.

After that, when the Defendant paid only KRW 13,876,209 over 27 times, on April 2016, the Defendant offered the said car as security by borrowing KRW 5 million from a lending company with mutual influence around April 2016, and made it impossible for the Defendant to identify the location of the car.

In this way, the defendant conceals his own property which has become the object of another person's right.

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