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(영문) 수원지방법원 2015.11.09 2015고단3153

화학물질관리법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant and B conspired to manufacture and sell nicotine liquid, etc. for electronic tobacco, such as registering business operators in disguised manner with Internet communications sellers who engage in wholesale and retail of machinery tools and alcoholic beverages without trade names.

1. Any person who intends to conduct hazardous chemical business in violation of the Chemicals Control Act shall obtain permission from the Minister of Environment for each category of business equipped with facilities, equipment and technical manpower meeting the standards prescribed by Ordinance of the Ministry

Nevertheless, from around September 2, 2014 to January 23, 2015, the Defendant conspired with B, up to January 23, 2015, posted an advertisement stating that he/she would sell nicotine solution in the Free Trade Zone C, from January 23, 2015 to January 24, 2015, and from January 23, 2015 to February 5, 2015, the Defendant sold 19.9 L, which is a toxic substance, in luco’s luxine (97-1-11, Nicotine) to eight times, and then sold luxine solution to many and unspecified people, without permission for the sale of 10m to 10m to 10m or 100m disease, and sold 14,56m or more to 30m or more of the remainder to 30m or more of the place of sale to 14,56m or more.

2 Violation of the Tobacco Business Act

(a) A person who intends to conduct a tobacco manufacturing business shall obtain the permission of the Minister of Strategy and Finance as prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with B, manufactured the amount of electronic tobacco for a white time using nicotine raw material and plant glycerine, proglyne Glymanglycl, and postlevor in collusion with B without obtaining the above permission, using the same method as above.

(b) a person who intends to operate a tobacco retail business shall be designated as a retailer by the head of the Si/Gun/Gu having jurisdiction over the location of the place of business;