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(영문) 의정부지방법원 고양지원 2014.12.30 2014고단2146

전기용품안전관리법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who operates Co., Ltd. B in P at P at P at P at P at P at P at P at P at P, and engages in the business of manufacturing and selling electric wires.

On February 23, 2012, the Defendant manufactured electric appliances subject to safety certification with the gross sales amounting to KRW 1,381,480,980, as indicated in the attached list of crimes, from around that time to May 15, 2014, without obtaining safety certification, by manufacturing “undeveloped-type electric wires (1.25-VTK)”, which are electrical appliances subject to safety certification, without obtaining safety certification.

B. Around March 10, 2012, the Defendant indicated the safety certification mark for electrical appliances subject to safety certification without obtaining the safety certification, as indicated in the Nos. 78 through 568 of the crime sight table from around that time to May 15, 2014, including the product name, as if he/she had obtained the safety certification, on the packaging paper, etc. of the “HIV4.0” electric wires, which did not receive the safety certification, at the same place of business.

2. Defendant B’s inside director, Defendant B, as indicated in the above paragraph (1), manufactured electric appliances subject to safety certification without obtaining safety certification for the Defendant’s business, and made a false safety certification mark.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Reports on internal investigation (related to the B place of business and products manufactured);

1. Report on internal investigation (report on the result of examination);

1. Report on internal investigation (Adjustment of the results of test and analysis ofB produced products);

1. Copy of corporate register;

1. Records of seizure and the list of seizure;

1. Each electrical appliances safety certificate;

1. A report on investigation (Adjustment of the results of theB examination) and a test sheet;

1. Investigation report (Adjustment of matters publicly notified by the Korean Institute for Technical Standards related to electric wires and specifications);

1. Investigation report (Adjustment concerning the violation of B);

1. Investigation report (to direct the prosecutor);

1. Application of Acts and subordinate statutes on sales data;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 25 Subparag. 2 and Article 3 of the Electrical Appliances Safety Control Act.