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(영문) 창원지방법원 2014.09.23 2014고정742
수질및수생태계보전에관한법률위반
Text

1. Defendants shall be punished by a fine of KRW 3,000,000.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B in Kimhae-si, and the defendant B is a corporation with the purpose of processing business.

1. The Defendant, without obtaining permission from the competent authority to install wastewater discharge facilities, installed and operated a “clean tank”, which is a wastewater discharge facility, while producing industrial machinery, labels, etc. at the said business establishment from March 2013 to January 10, 2014.

2. A, the representative director of the Defendant Company B, committed an act of violation as described in paragraph (1) with respect to the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes, such as a written accusation, certified transcript of corporate register, field photographs, and written confirmation of sampling;

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;

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

2. Defendant A at the detention of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

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

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