A. The Defendant is not a buying agent or import agent as stipulated in the Electric Appliances Safety Control Act, and it is difficult to view the Defendant’s act as a brokerage, purchase, or import agent for the sale of electric appliances subject to safety certification. Thus, the Defendant cannot be punished as a violation of the Electric Appliances Safety Control Act.

B. As the domestic consumer purchases an air conditioned product in the facts charged of this case for the purpose of use by the domestic consumer, safety certification is exempted as prescribed by the Foreign Trade Act, etc.

Therefore, the defendant who purchased it on behalf of the domestic consumer can not be punished as a violation of the Electric Appliances Safety Control Act.

C. Nevertheless, since the court below found the Defendant guilty of the facts charged in this case, it erred by misapprehending the facts or by misapprehending the legal principles on the violation of the Electric Appliances Safety Control Act.

2. Determination

A. Whether the Defendant constitutes an agent for the purchase and import of electrical appliances under Article 7(3) of the Electric Appliances Safety Control Act (i) the public notice of the special customs clearance procedures for the electronic commerce goods, etc. (No. 31, 2013; No. 2013-44, 2013; partial amendment of May 31, 2013) is classified as follows:

Article 1-3 (Classification of Electronic Commerces)

3. Transactions in which an electronic commerce company enters into an import agency contract with a domestic purchaser on the basis of the details of import agency services publicly announced by the company in a cyber-mall, and an importer of goods from a cyber-mall, etc. of an overseas seller and does not bear any fees or responsibilities for import agency services in addition to fees or responsibilities for import agency services, and which meet the following requirements (hereinafter referred to as "import agency transaction"):

(a)the electronic commerce enterprise shall include the other party's information, names, specifications, prices, and other product information, import agency fees, etc.;