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(영문) 수원지방법원 안산지원 2021.02.17 2020고정1202

전파법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a director who is the husband of the representative B (C) who imports contact equipment, etc. and sells them on the Internet and serves as a practical manager.

Any person who intends to manufacture, sell, or import broadcasting and communications equipment and electromagnetic wave obstacles or equipment affected by electronic waves under Article 58-2 of the Radio Waves Act shall undergo conformity assessment (certification of conformity or registration of conformity) with respect to the relevant equipment.

Nevertheless, the Defendant used 220V and posted the total amount of 86 vehicles to Internet F without undergoing conformity assessment (import price: 600,000 won) from January 19, 2019 to July 1, 2020, with 188 units of “electric contact products” falling under “electric contact equipment” in attached Table 1 of the Notice on the Conformity Assessment of Broadcasting and Communications Equipment, etc. (No. 11(a) 5). From January 25, 2019 to July 29, 202, the Defendant sold the total amount of 86 vehicles (the unit price: 95,81,70,000 won) by importing from China (the unit price: 60,000 won).

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement written confirmation, and the documents of import declaration on posted materials on the Internet, and the current status of purchase and sale of products;

1. Article 84 subparagraph 5 of the relevant Act concerning facts constituting an offense, and Articles 84 and 58-2 (1) and (3) of the Radio Waves Act concerning the selection of punishment, and selection of fines;

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

1. All circumstances, including the fact that the fact that the sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment becomes aware of the violation of the law, and the fact that the sale was suspended and the completion of suitability registration for applying for conformity assessment tests is completed, and the majority of the adjoining sales companies seem to have failed to be fully aware of the obligation to register conformity under the Radio Waves