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(영문) 부산지방법원 2017.11.23 2017고정1980
화학물질의등록및평가등에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

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

Reasons

Criminal facts

Some of the facts charged were corrected.

Defendant

A is a person who actually operates Defendant B with the purpose of manufacturing household goods from around 2012.

No one shall sell or donate any product that fails to meet the safety and labelling standards for products likely to cause harm publicly notified by the Minister of Environment, or import, display, keep or store such product for the purpose of sale or donation.

1. From October 2015 to February 2016, Defendant A sold approximately 411 of “F” products, which are likely to be manufactured, via the Internet, to customers in the French-gu E Office located in Busan Geum-gu, Seoul, to the extent that it does not meet the labelling standards.

2. Defendant B, who is his employee, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. Application of the Act and subordinate statutes on the current status of products which violate labelling standards for dangerous products, sales details (2 : 14 pages of investigation records);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 49 Subparag. 1 and Article 36(1) of the Act on Registration, Evaluation, etc. of Chemicals (excluding punishment)

(b) Defendant B: Articles 53, 49, and 36(1) of the Act on the Registration, Evaluation, etc. of Chemicals

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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