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

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

Punishment of the crime

The Defendant, a person operating a motor vehicle maintenance business in Yeongdeungpo-gu Seoul Metropolitan Government “C” with the trade name of “C,” and, despite having to file a report on the installation of air pollution emission facilities with the Mayor/Do governor, the seal facilities, the volume of which is at least five cubic meters, from October 30, 2015 to June 17, 2016, installed the above C business site and installed the seal facilities of the size of 77.1 cubic meters from October 30, 2015 to June 11, 2016 without the report on installation, and

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 90 subparagraph 1 of the relevant Act on the Conservation of the Air Quality and Articles 90 and 23 (1) of the Act on the Selection of Punishment for Criminal Facts (generally, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that the Defendant’s argument regarding the Defendant’s argument under Article 334(1) of the Criminal Procedure Act does not include a painting facility, which does not fall under an exclusive stamp facility, subject to reporting under the Air Quality Conservation Act, and thus, the Defendant’s installed painting facility is not subject to reporting.

However, according to Article 5 and attached Table 3 of the Enforcement Rule of the Air Quality Conservation Act according to delegation of Article 2 subparag. 11 of the same Act, in cases of painting facilities, the volume of which is not less than 5 cubic meters or the power of which is not less than 2.25 km, it is stipulated that it constitutes an air pollutant emission facility subject to the Air Environment Conservation Act, and the application of the Act is not limited to an exclusive stamp facility for painting. Therefore, the above assertion by the defendant is rejected

Of the facts charged in the instant case, the Defendant was operating a motor vehicle maintenance business with the trade name “C” in Yeongdeungpo-gu Seoul Metropolitan Government, and the seal facilities the volume of which exceeds five cubic meters should be reported to the competent Mayor/Do governor on the installation of air pollution emission facilities. However, around October 23, 2015, the Defendant installed a seal facility of the size of 77.1 cubic meters in cubic meters without reporting the installation of the said C business site, and E using such waste facilities.