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(영문) 창원지방법원 통영지원 2017.08.08 2017고정182
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B that carries on fertilizer production business, and the defendant corporation B is a corporation that aims at fertilizer production business.

1. A person who intends to engage in the business of collecting, transporting, recycling, or disposing of Defendant A wastes shall keep the wastes in the permitted place of business, such as storage facilities in the permitted place of business, temporary storage facilities approved, etc.;

Nevertheless, from November 2, 2016 to November 15:30, 2016, the Defendant temporarily stored approximately 13 tons of the abandoned mushroom booms, a waste, at an empty factory located in Sung-gun C, between November 3, 2016 and November 3, 2016, without permission or approval.

2. Defendant B, a representative of the Defendant, committed the same act as that set forth in paragraph (1) at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation, a public official statement, and a written confirmation;

1. Application of Acts and subordinate statutes on site of violation;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 66 subparag. 9 of the Waste Management Act and Article 25 subparag. 9 subparag. 1 (Selection of a punishment) of the same Act;

B. Defendant B: Articles 67, 66 subparag. 9, and 25 subparag. 9 subparag. 1 of the Waste Management Act

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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