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(영문) 부산지방법원 2019.07.24 2019고단2398 (1)
화학물질관리법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person who is a defendant shall keep or use toxic chemicals for the purpose of cultivating fishery resources or removing foreign substances attached to fishing nets;

Nevertheless, on November 2018, the Defendant purchased ten inorganic acid from C (20 liters per Tong, 11,000 won per Tong) at the lower court located in Gangseo-gu Busan, Gangseo-gu, Busan, and used it to remove the miscellaneous attitudes of an unauthorized cultivation farm installed at D in front of the sea located in Gangseo-gu, Busan, which was operated by the Defendant, and purchased 50 inorganic acid from C over five times, such as the No. 1 to 5 of the List of Crimes No. 5, and used inorganic acid designated as hazardous chemicals in the above (laver), which was designated as hazardous chemicals.

3. No person who is accused B shall keep or use toxic chemicals for the purpose of cultivating fishery resources or removing foreign substances attached to fishing nets;

Nevertheless, around January 2, 2019, the Defendant purchased ten inorganic acids (20 litres per Tong, 12,000 won per Tong) from Eul in Gangseo-gu, Busan, and used inorganic acids (20 litres per Tong, 12,000 won per Tong), which were designated as hazardous chemicals, from C over two times by January 7, 2019, as described in the [Attachment] List of Crimes Nos. 6 to 7, 200, as well as the removal of the miscellaneous attitudes installed at the front sea of Gangseo-gu, Busan, which was operated by the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to G, H and A;

1. A certificate of permission to change a hazardous chemical sales business, a certificate of on-site collection, and a report requesting appraisal;

1. Application of Acts and subordinate statutes to investigation reports (whether permission to conduct hazardous chemical business is granted or not), investigation reports (to hear from the competent officer of the I Basin Environment Office);

1. Article 64 subparagraph 6 of Article 64 of the Fishery Resources Management Act and Article 25 of the same Act concerning criminal facts;

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