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(영문) 창원지방법원 2020.05.21 2020고정218
물환경보전법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation engaged in machinery and automobile parts processing business at the window C of Changwon-si, and Defendant A is the representative director of the above B Co., Ltd.

1. Although a person who intends to install a wastewater discharge facility of Defendant A has filed a report with the Minister of Environment, the Defendant carried in the MCT (Automatic Smuggling) 7 cubic meters (the maximum volume of waste 3.145 cubic meters a day) and the six parts (1.12 cubic meters a day maximum volume of waste 12 cubic meters a day) of the CNC Line, which are wastewater discharge facilities, in order to use the wastewater discharge facilities for fishing operations, without filing a report with the Minister of Environment, etc. from the beginning of early 2016 to November 2019.

2. Defendant B Co., Ltd. installed wastewater discharge facilities without reporting to the Minister of Environment, etc., as stated in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation (including attached documents);

1. Application of Acts and subordinate statutes of each investigation report (including a net 6,8,10 and each document attached thereto);

1. Defendant A: Article 76 subparagraph 2 of the Water Environment Conservation Act, and Article 33 (1) B of the same Act concerning facts constituting a crime: Article 81, subparagraph 2 of Article 76, and Article 33 (1) of the Water Environment Conservation Act;

1. Selection of each alternative fine for punishment;

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

1. Considering the legislative intent of the Water Environment Conservation Act, it is difficult to deny the necessity of strict statutory enforcement for preventing water pollution, in view of the prevention of harm to people’s health and the environment that may be caused by water pollution due to the sentencing of Article 334(1) of the Criminal Procedure Act, and the proper management and preservation of the water environment of public waters, such as rivers, lakes and marshes, so that citizens can enjoy benefits widely and at the same time lead to a clean environment for the future generations.

However, Defendant A does not have any previous criminal record or heavy criminal record exceeding the fine, and made his/her mistake.

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