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Defendants shall be punished by a fine of 1.5 million won.
Defendant
A fails to pay the above fine, 50,000.
Reasons
Punishment of the crime
Defendant
A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a corporation established mainly for the purpose of solar power generation business, heating water for boiler, manufacturing, processing and selling heat media, and Defendant A is a technical director of the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) who is a local director of the Defendant Co.
1. No project executor subject to consultation on small environmental impact assessment against a defendant A shall commence any construction works for the relevant project before the consultation procedure is completed;
Nevertheless, from January 25, 2013 to February 14, 2013, the Defendant started construction works by performing a logging project that damages a forest with a size of 1,600 square meters to 1,800 square meters prior to completion of the consultation on small environmental impact assessment when performing the construction of a site for solar power facilities and access roads, which are subject to small environmental impact assessment, in the members of the Gannam-gun Rural Development Center C.
2. The Defendant Company commenced construction work prior to the completion of the procedures for consultations on small-scale environmental impact assessment with respect to the Defendant’s business, as described in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of public official;
1. A copy of the business registration certificate and all registered certificates;
1. Extraction of a small environmental impact assessment report;
1. Application of statutes on site photographs;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Articles 74(2)2 and 47(1) of the Environmental Impact Assessment Act, the selection of a fine and fine
(b) Defendant Company: Articles 75, 74 (2) 2 and 47 (1) of the Environmental Impact Assessment Act;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act