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(영문) 부산지방법원서부지원 2020.08.14 2020고단64
환경분야시험ㆍ검사등에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B corporation who conducts the pollutant measurement and analysis business in Busan Northern-gu C and D.

1. A measuring agent of a defendant A shall measure and analyze the results of measurement and analysis, as prescribed by Ordinance of the Ministry of Environment, and then record the results thereof as they are and issue a record of measurement;

Nevertheless, the Defendant, on April 20, 2017, recorded the dust concentration of “70 cubic meters/minutes of innating facilities” in E on April 20, 2017, and issued a atmosphere measurement record as of April 25, 2017, and issued a false atmosphere measurement record for total 79 business places, as shown in the list of crimes in attached Table, from April 31, 2017 to December 31, 2017.

2. Defendant B Co., Ltd., Ltd., on the same date and at the same place as “A”, had the above Defendant A, a representative director, issued a false atmosphere measurement record as above.

Summary of Evidence

1. Defendant A’s legal statement

1. A complaint, the details of poor measurement of the atmosphere measuring department, the report on the results of measurement of atmosphere, and the certificate of registration of measuring agency business in 2017;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 33 subparag. 7 of the former Environmental Examination and Inspection Act (amended by Act No. 17184, Mar. 31, 2020) and Article 18(1) of the same Act (amended by Act No. 17184, Mar. 31, 2020); Defendant B corporation: Articles 34, 33 subparag. 7, and 18(1) of the former Environmental Examination and Inspection Act (amended by Act No. 17184, Mar. 31, 2020)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. Defendants of the provisional payment order: The reasons leading to the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, the frequency and period of false issuance of the atmosphere measurement record book, and other accused.

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