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(영문) 서울남부지방법원 2019.11.21 2019고단4385

화학물질관리법위반

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is an internal director of building C in Jung-gu, Seoul and (State) B in Seoul.

A person who intends to conduct a business selling hazardous chemicals for commercial purposes shall obtain permission from the Minister of Environment.

Nevertheless, around January 5, 2015, the Defendant sold the E products containing 38-48% of ethyl tons, which are hazardous chemicals requiring preparation for accidents, to F, the customer, without obtaining permission from the competent authority, and sold the hazardous chemicals without obtaining permission for hazardous chemical sales business over a total of 2,459 times from December 22, 2018, as indicated in the attached list of crimes.

2. Defendant (State)B committed an offense against the corporation’s business as above at the above time and at the place where the Defendant was an employee of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of Acts and subordinate statutes to each investigation report (the current status of permission to conduct hazardous chemical business, analysis and reporting of applicable provisions, adjustment of business permission, confirmation of sales details of products containing hazardous chemicals in the Dispute Resolution Co., Ltd. and standards for hazards of ethyl tons and hazardous chemical content handled by the Dispute Resolution Co.

1. Article applicable to the facts constituting the crime and the choice of punishment (defendants);

(a) Defendant A: Article 58 subparag. 4 and Article 28 of the Chemicals Control Act (General Control and Selection of Imprisonment);

(b) Defendant B: Articles 63, 58 subparag. 4, and 28 of the Chemicals Control Act (General Control)

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration in favor of the reasons for sentencing);

1. The sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) is based on the following circumstances: (a) the circumstances leading to the commission of the crime; (b) the circumstances before and after the commission of the crime; and (c) the age, character and conduct, environment, and criminal records of Defendant A; and (d) the conditions for sentencing specified in the records and arguments, including the records and arguments of the case.