beta
(영문) 대전지방법원 천안지원 2018.07.06 2018고단737

하수도법위반

Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B (formerly changed: C) in Seoan-gu, Seoan-gu, Seoan-si, and Defendant B is a corporation established for the purpose of food treatment equipment, retail business, etc.

1. Defendant A shall not sell or use a garbage crushing machine for kitchen use (one-name dacter “dacter”) without obtaining certification from the Korea Water and Wastewater Works Association.

However, from October 2015 to November 11, 2016, Defendant A sold the goods of “E” at approximately KRW 490,000 per unit, which was not certified through the Internet commercial transaction site at Defendant B’s office.

2. Defendant B, the representative director of Defendant B Co., Ltd., sold DNA products that were not certified as described in paragraph (1) at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A public official's statement;

1. A report of investigation (report on attachment of a photograph of a sale of garbage for kitchen use on the Internet) -1 vehicle;

1. An investigation report (report on the attachment of a photograph to sell garbage for kitchen use on the Internet) -2 vehicle;

1. An investigation report (report on the attachment of a photograph to sell garbage for kitchen use on the Internet) - 3 vehicle;

1. An investigation report (report on the attachment of a photograph to sell garbage for kitchen use on the Internet) -4 vehicle;

1. Business registration certificate;

1. A full certificate of matters registered;

1. A certified copy of register;

1. Certificate of employment;

1. A certificate of garbage pulverization for kitchen purposes;

1. Copy of business registration certificate;

1. On-site photographs of violations;

1. Application of the Acts and subordinate statutes to photograph by cutting down the Internet sales range;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 76 subparag. 2 of the Sewerage Act and Article 33 subparag. 1 of the same Act (Selection of penalty);

(b) Defendant B: Article 79, Article 76 Subparag. 2, and Article 33(1) of the Sewerage Act (excluding punishment)

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.