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(영문) 울산지방법원 2013.03.21 2012고단1469 (2)

사기등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a “C” business director in Kimpo-si B.

A person who manufactures electrical appliances subject to safety certification shall manufacture and sell them after obtaining safety certification by model of electrical appliances subject to safety certification from a safety certification institution.

Nevertheless, from August 4, 2010 to March 201, 201, the Defendant manufactured 30 units of “revision unit,” which is an electrical appliances subject to safety certification, without safety certification, at “C” located in Gyeonggi Kimpo-si B, and around that time, sold 1.35 million won per unit to D, and sold the total of 15 units on August 4, 201 to 15 units on March 9, 201.

Summary of Evidence

1. The defendant's legal statement or part of D's legal statement;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and Articles 25 subparagraph 2 and 3 (1) of the Electrical Appliances Safety Control Act (the manufacture of electrical appliances subject to safety certification without obtaining the safety certification), Articles 25 subparagraph 5 and 7 (1) of the Electrical Appliances Safety Control Act (the sale of electrical appliances subject to safety certification without the safety certification mark, etc.), and the selection of fines for negligence for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;