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(영문) 인천지방법원 부천지원 2017.11.10 2017고정965
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a waste disposal business operator who engages in collecting, transporting, recycling, or disposing of scrap metal, waste cables, etc. in Kimpo-si B.

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment project plan to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, and shall obtain permission from the Mayor/Do Governor after being notified of the conformity with the standards prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from February 2015, the Defendant recycled waste electric wires collected at the place of business in Kimpo-si B until now, and operated the waste disposal business without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of investigation (report on detection of violation of the Wastes Control Act);

1. A certificate of violation;

1. Photographs related to the violation;

1. Application of a copy of business registration certificate;

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) of the Waste Management Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and reflected, the fact that there is no record of punishment for the same kind of crime, and other various conditions of sentencing, including the defendant’s age, health status, motive for the crime, and circumstances after the crime, etc., are determined as the same as the disposition.

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