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(영문) 광주지방법원 2020.11.05 2020고정540
폐기물관리법위반방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Special Cases] Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall have facilities, equipment, and technical capacity in accordance with the standards prescribed by Ordinance of the Ministry of Environment and shall obtain permission from the Minister of Environment where designated wastes are covered by the type of business, wastes subject to business, and disposal fields, or

Nevertheless, since June 2019, B, without obtaining permission from the competent authorities with respect to waste collection, transportation, recycling, or disposal, secured wastes at a price lower than normal prices from the relevant companies, and operated an unauthorized waste disposal business, such as dumping the wastes without permission.

【Criminal Facts】

The Defendant is a person who operates a waste collection and transport company under the trade name “D” in Gwangju Mine-gu C.

Around June 2019, the Defendant knew that B was operating a waste disposal business without obtaining permission from the competent authority, and knew that B was operating the waste disposal business, the Defendant, at least KRW 40% of the arm’s length price, shall be in charge of waste disposal of KRW 25,000 per one cubic meter. Around that time, he/she shall be in charge of waste disposal of approximately KRW 300 cubic meters of total volume of KRW 11,300,000 in cash to B, and thereafter, he/she shall be in charge of waste disposal of KRW 11,30,000 in cash to B. Around that time, the Defendant dumped the foregoing waste entrusted by the Defendant from the Defendant to the Masan-dong

Accordingly, the Defendant, even though he knew that he carries on a waste disposal business without obtaining permission from the competent authorities, was in charge of waste disposal to B, and made it easy for B to commit the crime.

Summary of Evidence

1. Legal statement of the witness B;

1. Copy of each protocol of suspect examination of the police against E, F, G, and H;

1. A copy of each police statement made to I, J and K;

1. Investigation report (related to revision of D, L, criminal facts, waste quantity and amount);

1. On-site photographs, etc. (Evidence Nos. 35) and statutes apply to field photographs (Evidence Nos. 57).

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