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(영문) 서울중앙지방법원 2013.05.24 2012고정762
대기환경보전법위반
Text

Defendant

A and Defendant B shall be punished by each fine of KRW 3,00,000, and Defendant C and Defendant D shall be punished by each fine of KRW 4,000,00.

Reasons

Punishment of the crime

Any person who intends to import motor vehicles shall obtain certification from the Minister of Environment in advance that the exhaust gas of his/her motor vehicles can be maintained to meet the permissible emission levels during the period of guarantee of exhaust gas.

The Defendants, with the knowledge that they may import two-wheeled vehicles at low prices in Japan, import them at low prices, and sell them at home, intended to select the items to be imported at the Japanese scrapping place and auction place in connection with those who are able to import in Japan, repair them in part while temporarily storing them in domestic warehouse and distribute them at their sales stores, etc.

The Defendants, as persons specialized in the sale and repair of two-wheeled vehicles, knew all the above facts, but using the fact that two-wheeled vehicles less than 50cc are able to sell without being registered with the competent authorities, the Defendants intended to import and sell two-wheeled vehicles in Japan without undergoing the authentication test.

1) On March 31, 2010, Defendant A imported Gotopy into the Busan Port in Japan, without undergoing the aforementioned authentication test, Defendant A imported 42 of two-wheeled automobile, such as 50cc mixed Hasca Hascoo CRE CCOPY, as stated in attached Table 1.

2) On May 28, 2010, the Defendant, in collusion with F on May 28, 2010, imported the JONDA into the Busan Port in Japan, without obtaining the certification of exhaust gas test, imported 35 two-wheeled automobile (HONDA TODY) less than 50cc as indicated in attached Table 2, and sold 50cc scood type “h” (HONDA TODAY) at a place, such as “H, etc. located in Jung-gu, Seoul.”

3) The Defendant’s joint criminal conduct with Defendant B’s F in collusion with F, imported Daotobane in Japan in the same manner as the above 2) and continued to commit a crime after importing it in collusion with F, and on August 10, 2010.

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