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(영문) 서울북부지방법원 2020.02.05 2019고정1600

어린이제품안전특별법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From July 1, 2011, the Defendant is a person engaged in the business of importing and selling children’s pets with the trade name “C” from the fourth floor of the Seoul Northern-gu B building to the present date.

Manufacturers and importers of children's products subject to safety assurance shall verify that children's products meet the safety standards after undergoing safety testing and inspection by testing and inspection agencies designated for each model of children's products subject to safety assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and shall file a report thereon

Nevertheless, at the above office around December 17, 2018, the Defendant imported 250 p.m. 250 p.m. from China to undergo a test or inspection on safety. From January 1, 2019 to August 31, 2019, the Defendant sold 231 p.m. 131 p.s. 462,00 of the market price to many unspecified domestic consumers through Internet shopping mall, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A written accusation or on-site confirmation;

1. The Defendant asserts to the effect that the crime of violating the Special Act on Product Safety is not established, since the Defendant intended to sell moto products to adults. However, as duly admitted and investigated by the evidence, “the point of possession by the Defendant,” which the Defendant intended to sell, can be viewed as the complete tool available for children in light of the characteristics of the product, the name of the product, etc., and as long as the Defendant sold them through the Internet shopping mall without filing a report thereon with the Minister of Trade, Industry and Energy, the Defendant’s violation of the Special Act on Product Safety is established. The Defendant’s assertion is without merit).

1. Article 41(1)12 of the Special Act on Products for Children for the Safety of Specific Crimes and Articles 22 of the same Act.