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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant actually operates "C" that processes timber in Gangseo-gu Busan Metropolitan Government B.
Any person who intends to install emission facilities under Article 23 (1) of the Air Quality Conservation Act and Article 8 (1) of the Noise and Vibration Control Act shall file a report with the head of the competent Gu or obtain permission, as prescribed by Presidential Decree.
Nevertheless, the defendant operated ‘C' from April 2007 from Busan Gangseo-gu to ‘C', and did not report the following emission facilities to the head of the competent Gu until February 26, 2018 at the time of detection, and installed and operated without permission.
No report on the installation of atmospheric emission facilities was made while installing and operating a sanctions facility (power 18.5kW x1) which is a atmospheric environment conservation facility under the Air Quality Conservation Act.
The noise emission facilities under the Noise and Vibration Control Act (power 18.5kW x1) was not permitted to install and operate the noise emission facilities.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of written confirmation, on-site photographing statutes;
1. Article 90 subparagraph 1 of the relevant Act on the Conservation of Air Quality (the point of operating an emission facility of non-reported air pollutants), Article 23 (1) (the point of operating an emission facility of non-reported air pollutants), subparagraph 1 of Article 57 and Article 8 (1) of the Noise and Vibration Control Act on criminal facts (the point of operating an emission facility of non-permitted noise);
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;