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(영문) 부산지방법원 2016.11.30 2016고정3239

전파법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, shall sell the relevant equipment after undergoing conformity assessment by the Minister of Science, ICT and Future Planning, or manufacture or import such equipment for the purpose of sale.

Nevertheless, from March 2015 to February 29, 2016, the Defendant imported from China for the purpose of selling 8,640 in C-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Answer to inquiries as to whether broadcasting communications equipment is subject to conformity assessment;

1. Copy of the inspection on electromagnetic compatibility;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 84 subparagraph 5 of the Radio Waves Act and Article 58-2 (1) of the same Act concerning criminal facts and selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount converted per day: 100,000 won);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the same Act (see, e.g., Supreme Court Decision 2007Da1248, Apr. 1, 2007) (see, 201; Supreme Court Decision 2007Da1548, Apr. 2, 2007); 201Da1148, Apr. 1, 2007)