Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

Any person who intends to install an emission facility of air pollutants shall obtain permission from a Mayor/Do Governor or report to a Mayor/Do Governor, as prescribed by Presidential Decree, and any person who intends to install noise and vibration emission facilities in a residential area referred to in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor,

Nevertheless, from June 15, 2015 to December 22, 2016, the Defendant installed and operated a 22.5kW 2 machine, a noise and vibration emission facility, at the same time as air pollutants emission facilities, at the “C” workplace located in Gangseo-gu Busan Metropolitan Government from Jun. 15, 2015 to December 22, 2016, by installing a 190kW 1 machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of public officials' statements, field photographs, and business registration certificates statutes;

1. Article 90 subparag. 1, Article 23 subparag. 1 (a) of the former Air Quality Conservation Act (Amended by Act No. 14487, Dec. 27, 2016); Article 57 subparag. 1, and Article 8 subparag. 1 of the Noise and Vibration Control Act (a point where emission facilities of non-reported air pollutants are installed) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;