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(영문) 창원지방법원 2013.09.10 2013고정251
수질및수생태계보전에관한법률위반
Text

1. Defendant A shall be punished by a fine of two million won;

2. Where Defendant A does not pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B Co., Ltd., and Defendant B Co., Ltd is a corporation established for the purpose of manufacturing industrial machinery.

1. A person who intends to install a wastewater discharge facility of a defendant shall obtain permission or report from the Minister of Environment under the relevant Acts and subordinate statutes;

Nevertheless, the Defendant, without obtaining permission from the competent authority for installation of discharge facilities, installed and operated a manufacturing facility for metal processed products, which is a 200-liter of wastewater to be permitted at the same place of business from March 3, 2010 to April 4, 2012.

2. As to the business of Defendant B Co., Ltd., Defendant B, his employee, committed a violation as provided in the preceding paragraph.

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. A public official in charge and a statement of business trip;

1. The response to the results of the examination of the quality of wastewater, and the fact-finding report made on July 26, 2013;

1. Application of Acts and subordinate statutes to photographs on violations;

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

(a) Defendant A: Article 75 subparagraph 1 of the Water Quality and Ecosystem Conservation Act and Article 33 (1) of the same Act (Selection of Fines);

(b) Defendant B: Articles 81, 75 subparag. 1, and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act;

2. Penalty surcharge of KRW 3,000,000 to be suspended (Defendant B Stock Company):

3. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act.

4. Defendant B corporation of suspended sentence: Article 59 (1) of the Criminal Act (the fact that an illegal act was corrected immediately after the control and the details, degree, etc. of the occurrence of this case).

5. Defendant A of the provisional payment order: It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act.

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