logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.24 2016고정1368
화학물질관리법위반등
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. A person who intends to import poisonous substances shall report the type, use, etc. of such poisonous substances to the Minister of Environment as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, on November 18, 2013, the Defendant imported 23,000 km (20,974,490 won in total) (20,974,490 won in the import declaration price) from India from “Co., Ltd. (B)” operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government, without filing a report on import of poisonous substances, and imported 23,000 km (20,974,490 won in total) over three occasions, as shown in the list of crimes in the attached list of crimes.

2. A, the representative of Defendant B’s Defendant B, committed an act in violation of paragraph 1 in relation to his business at the same time and at the same place as that of paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A public official statement of E;

1. Application of Acts and subordinate statutes to each letter of import declaration, each certificate of confirmation of import declaration of poisonous substances, and a copy of business registration certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 59 Subparag. 2, Article 19(1) of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013); Article 61 Subparag. 2, Article 20(2) of the Chemicals Control Act (amended by Act No. 11862, Jun. 4, 2013); the selection of fines

B. Defendant B: Articles 62, 59 Subparag. 2, and 19(1) of the former Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013); Articles 63, 61 Subparag. 2, and 20(2) of the Each Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013); 63, 61 Subparag. 2, and 20(2) of the respective Chemicals Control Act

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

arrow