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(영문) 대구지방법원 2019.11.21 2019고정999
화학물질관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the president of C in Daegu Northern-gu B.

A person who intends to conduct a business selling hazardous chemicals for commercial purposes shall obtain permission from the Minister of Environment.

When the Defendant purchases and sells 'U-38' products to a new manufacturer, the Defendant is required to obtain permission for hazardous chemical sales business before selling them for commercial purposes, since the above 'U-38' products are 30 to ethyl tons (Methylphl, CAS No. 78-93-3) hazardous chemicals with content of 30 to 40%, which correspond to substances requiring preparation for accidents.

However, on March 4, 2016, without obtaining permission for hazardous chemical sales business, the Defendant purchased ethyl ethyl 30-40% of the content of hazardous chemicals from D (ju) chain of the Contact Manufacturing Business, and sold it to E, etc.

In addition, on December 11, 2018, without obtaining permission for hazardous chemical sales business until December 11, 2018, four companies, such as E, by purchasing a total of 36 times 'SK-1' product, ‘TR-10' product, and ‘U-38' product.

Summary of Evidence

1. Defendant's legal statement;

1. One copy of the investigation report (C's confirmation of details of sales of products containing hazardous chemicals), one copy of the details of transactions by the date of the hazardous chemical product (from January 15 to August 18), one copy of the tax invoice (sale) (Issuance in September 18), one copy of the tax invoice, SK-1, TR-10, and U-38 products, respectively, and one detailed statement of sales by the period (D) (D);

1. Application of Acts and subordinate statutes to one copy of the inquiry details of the chemical information system by toxic chemicals, and one copy of the inquiry details of the investigation report (standards for hazard and content of toxic chemicals handled byC), by toxic chemicals, and by toxic chemicals information system by toxic chemicals;

1. Article 58 of the Chemicals Control Act and Articles 58 subparagraph 4 and 28 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.

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