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(영문) 전주지방법원 정읍지원 2018.10.16 2018고정102
폐기물관리법위반
Text

Defendant

A A shall be punished by a fine of two million won, and the defendant B shall be punished by a fine of two million won.

Defendant

A above.

Reasons

Punishment of the crime

The BPP branches are designated waste recycling companies that produce refined fuel fuel and refined organic solvents with the entrustment of waste oil and waste organic solvents, and the defendant A is a person who exercises overall control over environmental affairs as the heads of BP branches located in Jung-Eup Co., Ltd. (D).

1. Pursuant to Article 39-3 of the Waste Management Act, Defendant A received an order to dispose of waste oil (570.81 ton) and waste intended for waste treatment of waste solvents (185.97 tons) which are designated wastes stored in a place of business from September 1, 2017 to November 10, 2017 prior to an administrative disposition of business suspension of five months from September 8, 2017 (Environmental Management Department) from the Korea Environment Agency (Environmental Management Department).

Nevertheless, from September 11, 2017 to November 10, 2017, Defendant A violated the Waste Management Act by failing to comply with an order to dispose of wastes during the period of the order to dispose of the designated waste total of 756.78 tons (57 tons of waste oil 570.81 tons, waste organic solvents 185.97 tons) and designated waste 486.7 tons of waste (367.29 tons of waste oil, waste organic solvents 119.41 tons).

2. Defendant B committed an act in violation of paragraph (1) with respect to the business of Defendant B, at the above date, and at the place, Defendant B committed an act in violation of the same paragraph with respect to the business of Defendant B.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement;

1. A certificate of violation;

1. Copy of business registration certificate;

1. A copy of a license for a comprehensive waste recycling business;

1. Application of statutes to detailed statement of transfer of wastes re-entrustment;

1. Defendant A of the relevant Act on criminal facts: The Defendant A who is the Defendant of Article 65 subparag. 21 and Article 39-3 of the Waste Management Act: The choice of fines for negligence under Articles 67, 65 subparag. 21 and 39-3 of the Waste Management Act;

1. Defendant A who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the crime of violating the Waste Management Act, such as the instant crime, are to protect the environment.

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