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(영문) 부산지방법원 2016.11.10 2016고정3087
하수도법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Where a defendant does not pay the above fine if A does not pay the fine.

Reasons

Punishment of the crime

A person who intends to engage in a business collecting and transporting foul waste shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu after meeting the requirements prescribed by Presidential Decree.

Nevertheless, on May 27, 2016, Defendant A transported foul waste inside the septic tank without obtaining permission from the head of the competent Gu.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 76 of the Sewerage Act and subparagraph A of the option of punishment for the crime: Article 76 of the same Act and Articles 45 (1) of the same Act, the selection of fines;

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

1. Defendant A of the provisional payment order: The portion not guilty under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that Defendant B neglected to exercise due care and supervision over the relevant business to prevent the act of transporting excreta without obtaining permission from the head of the competent Gu to an employee or employee of the said corporation, who is the representative director of D, and caused A to perform the same act as the facts charged in the judgment, as Paragraph 1, at the time, place, and place stated in the facts charged.

2. Where a representative of a juristic person, or an agent, employee or other servant of a juristic person or individual commits an offence under Articles 75 through 78 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but also the juristic person or the individual shall be punished by applying the penal provisions under the relevant provisions, and where such juristic person or the individual does not directly commit an offence under the relevant provisions, both of such juristic person or the individual shall be punished by both of such violator and the prosecutor shall be the defendant B who is the representative director of the corporation D.

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