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(영문) 인천지방법원 부천지원 2014.10.02 2014고정1015
대기환경보전법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company engaged in steel manufacturing business, and Defendant A is an operator of the above company.

1. Any person who intends to install a facility emitting air pollutants of Defendant A shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing the above report on installation, installed and operated two electric inducement roads (250kw/1h), which are air pollutant emitting facilities, at the place of business in Kimpo-si from September 20, 2012 to March 10, 2014, at the said place of business in Kimpo-si, (250kw/1h) 1, 1, 1, and 1, a mixture facility (30 metres) for main water storage (50 metres), which is located in Kimpo-si.

2. Defendant B, the Defendant, at the same time and place as set forth in paragraph (1), committed the above offense against Defendant A, who is an operator of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Each investigation report, violation confirmation, copy of business registration certificate, related violation photographs, copy of electronic tax invoices (purchase, sale), report on investigation results, and application of the relevant Acts and subordinate statutes attached to the relevant Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act;

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act;

1. Defendant A with detention in a workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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