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(영문) 부산지방법원 동부지원 2018.04.19 2018고단344
유해화학물질관리법위반등
Text

[Defendant A] The defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant limited liability company B who has been established for the purpose of manufacturing and selling chemical drugs and is engaged in the business of using poisonous substances after completing the registration of poisonous substance business on June 19, 191.

1. Defendant A

A. The Defendant did not register a change in the business of using poisonous substances with the head of the Nakdong River basin environment in 2014, and used 18.9 tons and 12.6 tons of lulucent acid as poisonous substances from January 2014 to December 31, 2014 as additives.

B. From January 1, 2015 to June 28, 2016, the Defendant, without obtaining permission for change from the head of the Korea Environment Office in the Nakdong River basin, used fluoric acid 7.1 ton of harmful chemical substances and 35.1 ton of ninitrool as additives manufactured.

2. Defendant B, a representative director, committed an offense as above against Defendant A with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A certificate of violation;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes governing permission to change a hazardous chemical use business / [Defendant A]

1. Crimes under Article 2014 of the relevant Act concerning facts constituting a crime: A crime under Article 59 Subparag. 3 of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013; from January 1, 2015; Act No. 1318, Jan. 1, 2015; Act No. 1320, Jun. 4, 2013; hereinafter the same shall apply) and the former part of Article 28(5) of the Chemicals Control Act, inclusive;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 (Defendant LLC)

1. Crimes under Article 2014 of the relevant Act concerning criminal facts: The former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013) will take effect from January 1, 2015.

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