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(영문) 부산지방법원 2012.11.20 2012고단5314
대기환경보전법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months and by a crime under paragraph (4) of the same Article.

Reasons

Punishment of the crime

[Criminal Justice] On September 29, 201, Defendant A was sentenced to a suspended sentence of two years on October 7, 201, which was sentenced to a total of ten months of imprisonment with prison labor due to a false accusation, etc. by the District Court of Jung-gu on September 29, 201.

【Criminal Facts】

Defendant

A is a person who imports Obaba in the name of “H” from Do Government City G, and Defendant B is a person engaged in the sales and repair business of Obaba in the trade name of “J” from Do Government-si, Dong-si, Gwangju. Defendant C is a person engaged in the sales and repair business of Obaba in the trade name of “L” from Dongdaemun-gu, Seoul, Dongdaemun-gu, and Defendant D is a person who engages in an intermediate wholesaler (hereinafter “fabababa”) in Ma in Jung-gu, Seoul.

If a two-wheeled motor vehicle is to be imported, it shall be certified in advance by the Minister of Environment that the exhaust gas of the two-wheeled motor vehicle can be maintained in compliance with the permissible emission levels for the guarantee period of exhaust gas (hereinafter referred

Nevertheless, the Defendants abused that two-wheeled vehicles under 50CC can be sold without being registered with the competent authorities, and accordingly, they can be sold without obtaining a certificate of exhaust gas necessary for registration. In order to save the cost of test for certification of exhaust gas exceeding KRW 2 million, the Defendants were willing to import and sell two-wheeled vehicles without obtaining a certificate of exhaust gas certification.

1. On August 14, 2010, Defendants A, B, C, and D co-offenders were in the Busan central Dong of Jung-gu, Busan, and around that time, Defendant A was in the name of “H” and Defendant C was in the process of customs clearance for the importation of the Obane. Defendant C instructed Defendant B and D to purchase Obane in Japan, and Defendant B and D were in the middle of import from Japan.

As seen above, the Defendants imported the Middle Daoba from Japan without obtaining the certification of the exhaust gas from the Minister of Environment, and imported the 50CC Daoba.

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