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(영문) 의정부지방법원 2016.05.04 2015고단4677
수질및수생태계보전에관한법률위반
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendants A jointly committed a crime is an industrial chain “F representative director”, and Defendant B is the “G representative director” entrusted with the wastewater treatment business of “F”.

Any person who has installed measuring devices, such as wastewater flow meters, shall be prohibited from performing any act to ensure that normal measurement is not performed while operating such measuring devices.

Defendant

A instructs Defendant B to adjust measuring devices between “F” and “F” from January 9, 2015 to September 14, 2015 to ensure that the volume of wastewater discharged does not exceed a maximum of 50 cubic meters per day. Defendant B, despite being well aware of the fact that the wastewater flow meters installed in the business establishment are measured to a half of the actual volume of wastewater discharged, he/she discharged wastewater without re-resolutioning the wastewater flow point, thereby preventing the normal measurement of the volume of wastewater discharged.

As a result, the Defendants conspired to prevent the measuring device from being measured normally.

2. In order for a person who has obtained permission to discharge wastewater from Defendant A to change the permitted discharge quantity of wastewater to not less than 50/100, the permission of the competent authorities shall be obtained.

Defendant

A From January 9, 2015 to September 14, 2015, from around September 2015 to around September 14, 2015, in excess of 86 cubic meters per day, the volume of wastewater discharged permitted at the same place, per 181.8 cubic meters, and did not obtain permission for change from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor’s protocol of interrogation of Defendants (including the part concerning Defendant B’s statement)

1. A copy of investigation report [verification of whether designation as an area, district, etc. is available for inspection of land use plan (including restrictions on activities);

1. The provisions of Acts and subordinate statutes shall apply to certificates of confirmation, on-site photographs, business registration certificates, permits for the installation of each wastewater discharging facility, contracts for services entrusted to environmental management, reports on the operation of prevention facilities, details of administrative dispositions, and statements on the flow meters;

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