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(영문) 의정부지방법원 고양지원 2019.06.13 2019고정280
화학물질관리법위반
Text

Defendants shall be punished by a fine of four million won.

Defendant

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

Reasons

Punishment of the crime

1. A person who intends to conduct a hazardous chemical business of defendant A shall obtain permission from the Minister of Environment;

Nevertheless, on August 31, 2016, the Defendant purchased "MT" (products with ethyl alcohol content of 100%) which is hazardous chemicals from Co., Ltd. C and used them for dilution.

In addition, from around that time to September 30, 2018, the Defendant purchased the total amount of 8,174 km by purchasing “MT” products, “TO” products (100% of the content in Toluene), “tol products (100% of the content in Toluene), and “EA” products (EA products of which the content in Toluene is 99.7 to 99.9% of the content in the Aluene) using the same method on a total of 21 occasions, such as the attached list of crimes.

2. Defendant B Co., Ltd. committed the above violations in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (verification of the purchase and use of products containing Toluene, etc. in the credit rating company);

1. One copy of the purchase details of Toluene-containing (TO), ethyl alcohol-containing products (MT), and ethyl-containing products (EA) purchased by the LIMC;

1. Application of the Act and subordinate statutes of Part I in the annual table of the consultation and mediation council of the LAB and the LAC;

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

(a) Defendant A: Selection of a fine, including Article 58 Subparag. 4 and Article 28 of the Chemicals Control Act;

(b) DefendantB: Articles 63, 58 subparag. 4, and 28 of the Chemicals Control 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 defendants' reasons for the sentencing of Article 334(1) of the Criminal Procedure Act reflects the criminal facts of this case, the same kind of criminal records, and the number of hazardous chemicals used on the other hand, such as the fact that they appear to be a small manufacturing enterprise that does not have several employees.

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