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(영문) 창원지방법원 마산지원 2019.08.13 2019고정101

먹는물관리법위반

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a facility for the supply of groundwater for agriculture with the trade name “C” in Changwon-si, Changwon-si B.

No person shall sell water, other than drinking spring water, etc., or the same in a container for the purpose of providing it for drinking, and no person shall use any product name, such as "drinking spring water," "raw water," "raw water," etc. which might be mistaken for drinking spring water, etc., or provide or sell it with other marks, except for drinking spring water, etc.

Nevertheless, from April 5, 2018 to March 12, 2019, the Defendant installed facilities, such as storage tank 2, steel pents, CCTV, cards, fingerprints recognition devices, etc., put up on the wall surface of pents an advertisement stating “the discovery of rare micros that do not have all the world,” etc., and provided the above groundwater through a storage tank, upon receiving the membership card issuance cost of KRW 10,000 and monthly usage fee of KRW 10,000 from the 250 members using the above groundwater.

Accordingly, the Defendant, not drinking spring water, etc., sold water other than drinking spring water, etc. for the purpose of using a product name or other indication which might be mistaken for drinking spring water, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Reports on internal history (Attachment of field photographs), and on-site photographs 2;

1. A report on internal investigation (in addition to photographs and leaflets), on-site photographs, 3, advertisement leaflets;

1. Report on internal investigation (verification of a registration card and search by the other party to users), and field photographs 4;

1. Determination on the defendant and defense counsel's assertion of internal investigation report (the call call for the counter party member)

1. The respondent and the defense counsel asserts as follows:

(1) The effects of water in which the defendant has been raising in water and which contains carbon shall be the same.