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(영문) 대전지방법원 천안지원 2014.03.21 2013고정1211

수질및수생태계보전에관한법률위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Criminal facts

Defendant

A Co., Ltd. is a corporation established for the purpose of manufacturing the external sales center of buildings, and the defendant A is the representative director of the above company.

1. Any person who intends to install and operate a defendant A wastewater discharge facility shall obtain permission from the competent authority, as prescribed by Presidential Decree;

Nevertheless, on May 2013, the Defendant, without obtaining permission from the competent authorities, set up a manufacturing facility for metal processed products, which discharges copper, which is a specific substance harmful to water quality, or wastewater containing six chchroin, at the place of business of the above company located in Asan City D, and operated two times in total, around May 2013 and around June 2013.

2. Defendant B, a representative of the Defendant, committed the above offenses in relation to the Defendant’s business at the time and place above.

Summary of Evidence

1. Defendant A’s legal statement

1. E statements and written certifications;

1. On-site photographs;

1. Confirmation of collection of samples and result of analysis of samples;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Article applicable to criminal facts;

A. Defendant A: Article 75 Subparag. 1 and Article 33(1) of the Water Quality and Ecosystem Conservation Act; selection of fines

(b) Defendant B: Articles 81, 75 subparag. 1, and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;