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(영문) 청주지방법원 2016.03.18 2015고단1787
먹는물관리법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months and by a fine of three million won;

2. Defendant B did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the substantial operator of the D Co., Ltd. in substantial Gu of Cheongju, Defendant B is the head of the company's factory, and D Co., Ltd. is the manufacturer of drinking spring water.

D Co., Ltd. received a business suspension order for one month from January 19, 2015 to February 18, 2015 from the Chungcheongbuk-do Governor after being judged non-water quality as the non-point content exceeds the base value (non-point 0.024mg/L, 0.01 below) in water quality testing conducted by the water quality environment and environment around December 31, 2014.

1. While Defendant A and Defendant B was prohibited from manufacturing drinking spring water, etc. in violation of the order of suspension of business as above, the Defendants conspired with each other to produce and sell drinking spring water to 22 business partners, including F, within the D Co., Ltd.’s workplace from January 19, 2015 to February 18, 2015, and (E) 48,324 (18.9L/C) during the period of suspension of business.

2. A person who obtained permission to develop Defendant A’s spring water, etc. fails to submit or falsely submits measurement results from a measuring instrument that enables measurement of the volume of water intake to the Mayor/Do Governor, but the Defendant, within the business site of the said D Co., Ltd. on early April 2015, the Defendant did not draw water in order to conceal the production and sale of drinking spring water during the period of suspension of business, as if he did not draw water in order to conceal the production and sale of drinking spring water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutorial suspect examination protocol against the Defendants and G

1. Each police statement made to H, I, J, G, and K;

1. Detailed statements of transactions, copies of bankbooks, statement of water quality inspection records, prior notice of disposition (Presentation of opinions) pursuant to the Management of Drinking Water Act, submission of opinions on administrative dispositions, notification of administrative disposition (business suspension) due to the violation of the Management of Drinking Water Act, notification of collection of samples, written request for inspection of products and receipt certificates of products, details of transactions, and sales of the total sales agency in January 2015 and February; and

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