beta
(영문) 인천지방법원 2017.07.07 2017고정1143

전기용품안전관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No importer or seller of electrical appliances subject to safety verification shall sell or lease electrical appliances subject to safety verification without reporting safety verification, etc., or import, display, or keep such electrical appliances for the purpose of selling or lending them.

Nevertheless, around January 6, 2015, the Defendant imported 9,00 electronic tobacco “D” with electric electric appliances subject to safety verification without reporting safety verification at the office of the Dispute Resolution Co., Ltd., operated by the Defendant, which was located in Mapo-gu Seoul building B, and sold 8,724 of the said electronic tobacco via the Internet from around that time to April 6, 2016, and kept 276 electronic tobacco for sale.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. An investigation report (hereinafter referred to as "D"), an investigation report (limited to attachment of a statement of overseas remittance), an investigation report (report on the monetary content to a person in charge of source of national technical standards), and an investigation report (re-verification of a report on the safety assurance of electronic tobacco distribution machines of Korea-report on the monetary content of a person in charge of the electronic testing and research right for Korean machinery);

1. Application of Acts and subordinate statutes to photograph seized articles;

1. Article 25 Subparag. 2 and Article 11(1) of the former Electrical Appliances Safety Control Act (amended by Act No. 13859, Jan. 27, 2016; hereinafter “Act”) on criminal facts and the selection of fines, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;