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(영문) 대전지방법원 서산지원 2018.10.17 2018고정206
화학물질관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative director B of a corporation that produces ruptures for construction using dirinated diphenylomane, which is a toxic substance of harmful chemical substances.

A person who intends to import toxic substances shall report the kinds, purposes, etc. of toxic substances to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, and a person who intends to conduct a business of importing toxic substances by using at least 120 tons of toxic substances per year outside the water-source protection area shall obtain permission to conduct a

Nevertheless, from January 2013 to March 9, 2018, the Defendant imported 120 tons or more per annum at the place of business of a stock company B located in Seosan-si C without obtaining permission to conduct hazardous chemical business and without filing a report thereon with the Minister of Environment, and produced dynamics for construction by using ddiphenylylphenyls for the same.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the charge book, each investigation report (including attached documents)

1. Article 58 subparagraph 4, Article 28, Article 61 subparagraph 2, and Article 20 (2) of the Chemicals Control Act concerning facts constituting an offense, and Articles 58 subparagraph 4, Article 28 and Article 61 of the same Act concerning the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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