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(영문) 서울중앙지방법원 2015.10.01 2015고단3905

소방시설설치ㆍ유지및안전관리에관한법률위반

Text

Defendant

A A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of two million won.

Defendant

A above.

Reasons

Punishment of the crime

1. A person who intends to import Defendant A shall obtain type approval, sell non-approved fire-fighting appliances, display them for sales purposes, or use them for fire-fighting system installation works;

Nevertheless, the Defendant imported 16 fire extinguishing devices in France on August 1, 2012, and displayed and sold them for sale without obtaining type approval from the Administrator of the National Emergency Management Agency, and without obtaining type approval from G located in Gangnam-gu Seoul Metropolitan Government F.

In addition, from around that time to July 9, 2014, the Defendant imported a total of 158 powder cancellation fire on a four occasions, without obtaining type approval from the Administrator of the National Emergency Management Agency, and sold a powder cancellation fire that did not receive type approval.

2. Defendant B Co., Ltd. is a corporation established for the purpose of manufacturing and wholesale and retailing goods.

The defendant, who is an employee of the defendant, imported 158 fire extinguishing devices as described in the above paragraph (1), and sold a fire extinguishing machine without obtaining type approval from the Administrator of the National Emergency Management Agency.

Summary of Evidence

1. Defendants’ legal statement

1. Current sales status of fire extinguisherss, display photographs, import declaration details, and application of other Acts and subordinate statutes;

1. Relevant legal principles for criminal facts - Defendant A: subparagraphs 3 and 5 of Article 48-2, Article 36 (1) and Article 36 (6) 1 ( Selection of Fines) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act - Defendant B: Articles 52, 48-2 subparagraphs 3 and 5, and 36 (1) and (6) 1 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;

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

1. Articles 70(1) and 69(2) of the Criminal Act (Defendant A) of the Criminal Act for the detention in a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the instant crime, and the fire extinguishers.