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(영문) 인천지방법원 부천지원 2019.09.20 2019고정288

전파법위반

Text

Defendant

B A corporation shall be punished by a fine of KRW 1,000,000.

Defendant

The sentence of sentence against A shall be suspended.

Defendant .

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation that imports automobile goods, sports goods, etc. and engages in wholesale and retail business, and Defendant A is the representative director of the above corporation.

1. Any person who intends to sell broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, or manufacture or import such equipment for the purpose of sale shall undergo conformity assessment of the relevant equipment;

Nevertheless, the Defendant, with the function of converting voltages, imported a total of 70 won from China for the purpose of sale without undergoing a conformity assessment, without undergoing a “24V-12V franchises” which ought to undergo conformity assessment. From January 2017 to October 2018, the Defendant sold a total of 42 won in the Internet site “C”, such as the attached crime list, and made profits from the amount calculated based on KRW 247,800, total sales price of KRW 5,900.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the time, place, and the Defendant’s representative director.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements in the police interrogation protocol against Defendant A

1. Investigation report (verification of the details of sales in the Multilaterland by suspects and attaching a list of crimes);

1. Internet posted materials defendants and defense counsel's assertion

1. Defendant A asked the company specialized in conformity assessment as to whether the instant product is subject to conformity assessment, but did not receive answer as a product subject to conformity assessment, and sold the instant product without knowing that it was subject to conformity assessment. As such, Defendant A cannot be deemed to have committed an intentional act on the violation of the Radio Waves Act. Even if intention is acknowledged, Defendant’s act does not constitute a legal error under Article 16 of the Criminal Act.

2. Determination.