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(영문) 전주지방법원 2019.09.26 2019고정184

전파법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B of a corporation that manufactures and sells PED etc. devices in Jeonju-si C.

1. Any person who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, shall undergo conformity assessment of the relevant equipment;

Nevertheless, between August 11, 2016 and June 22, 2018, the Defendant sold to the government offices, E, etc. without undergoing conformity assessment, 212 LED equipment (type 4, such as D, etc.) 212 (type 134,789,000) (type 4, such as D, etc.) which was not registered as conformity assessment in the said stock company B.

2. Defendant B, who is the representative of the Defendant, caused the Defendant to commit the same offense as that of paragraph (1) in connection with his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of the defendant A;

1. Application of Acts and subordinate statutes on tax invoices, written confirmations, sales transfer records by model, full certificate of registered matters, and electronic tax invoices;

1. Article 84 subparagraph 5 of the Radio Waves Act and Article 58-2 (1) of the same Act concerning criminal facts / [Defendant B] Article 88 of the Radio Waves Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;