Defendants are not guilty.

1. The summary of the facts charged in this case is that Defendant A, a measuring agency company B, which vicariously executes measuring business of air pollutants such as dust and exhaust gas, is an employee of the company B, and Defendant B, a corporation established for the purpose of measuring agency business of environmental pollutants.

Defendant

A Measuring agent shall measure the environmental pollution level in accordance with the official environmental pollution test standards and record the results of measurement and analysis conscientiously.

Nevertheless, on April 9, 2014, the Defendant prepared the results of measuring and analyzing the F incineration route in Yeonsu-gu Incheon, Yeonsu-gu, Incheon. In fact, the Defendant did not measure it as impossible to measure air pollutants because the F incineration facility 1 term is in operation suspension from March 29, 2014 to April 24, 2014. On April 2, 2014, the Defendant entered the temperature, oxygen concentration, voltage, oil pressure, etc. in the atmosphere measurement register as if the said incineration facility first term is operated normally.

B. Defendant B, the Defendant, who is an employee of the Defendant, recorded false results of measurement and analysis as prescribed in paragraph (1) concerning the Defendant’s business.

2. On April 2, 2014, Defendant A actually measured air pollutants with respect to the first period of F incineration, etc., Defendant A recorded as a false record in the facts charged according to the measurement of temperature, oxygen concentration, dynamic pressure, etc. as well as the measurement result under the Environmental Testing and Inspection Act. Thus, Defendant A did not record the results of measurement and analysis in a false manner.

3. Determination

A. Therefore, first of all, as to whether Defendant A measured air pollutants at the time and place specified in the facts charged in the instant case, the following circumstances acknowledged by the records of the instant case, i.e., ① F incineration No. 1 was in operation for regular maintenance on April 2, 2014, but air exhausters for cleaning by incineration.