beta
(영문) 인천지방법원 부천지원 2014.04.29 2014고정178

하수도법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a person who actually runs the “B Co., Ltd.” in Kimpo-si, and Defendant B Co., Ltd is a corporation established for the purpose of manufacturing, selling, and supplying, such as garbage crushing equipment for kitchen use.

1. A person who intends to sell or use Defendant A's kitchen waste pulverization machine shall obtain certification from a national certified testing institution recognized by the Minister of Environment;

Nevertheless, on July 8, 2013, the Defendant sold 330 illegally-dried products, which are not certified products that entered into a contract with the management office of pair-type apartment in the long-term Dong Kimpo-si to sell 1,193.

2. Defendant B Co., Ltd. violated the foregoing with respect to Defendant A’s business, who is an employee, at the same time and place as the above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing illegal selling products;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 76 Subparag. 2 of the Sewerage Act, Article 33(1) of the same Act, the selection of fines

B. Defendant B corporation: Articles 79, 76 subparag. 2, and 33(1) of the Sewerage Act; selection of fines

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act