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(영문) 서울중앙지방법원 2016.12.20 2016고정3508
화학물질의등록및평가등에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the development of chemical products in B, and the defendant B is a corporation with the purpose of manufacturing motor vehicle supplies and parts.

1. No person who defendant A shall sell or donate any product that fails to meet the safety standards and labelling standards for products of risk concern, or import, display or store such product for the purpose of sale or donation;

Nevertheless, from August 13, 2015 to October 10, 2015, the Defendant produced “Co-rating D, a product of risk concern, without fulfilling the obligation to comply with the labelling standards at the B-building offices located in Gangnam-gu Seoul Metropolitan Government, and sold it to many and unspecified persons by means of Internet sales and supply to large-scale discount stores.

2. Defendant B, at the same date and place as referred to in the preceding paragraph, violated the foregoing restriction provisions regarding the Defendant’s business, who is an employee or employee of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of public official in E;

1. Business registration certificate;

1. Status of products which violate the labelling standards for products of risk concern;

1. Application of Acts and subordinate statutes on delivery of products;

1. Article 49 subparagraph 1 of the Act on the Registration, Evaluation, etc. of Chemicals and Article 36 (1) (Selection of Fine) Defendant B: Articles 53, 49 subparagraph 1 of the Act on the Registration, Evaluation, etc. of Chemicals and Articles 36 (1) (Selection of Fine) and 36 (1) (Selection of Fine);

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

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

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