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(영문) 의정부지방법원 2015.03.26 2015고정54

품질경영및공산품안전관리법위반

Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

The defendant imported pets and sells them in the Internet shopping mall.

Manufacturers and importers of industrial products subject to voluntary safety verification shall undergo testing and inspection by a testing or inspection institution designated for each model of the industrial products subject to voluntary safety verification, and confirm that the relevant industrial products conform to the safety standards (hereinafter referred to as "voluntary safety verification"), and report it to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry

Nevertheless, on July 2014, the Defendant imported and sold sagle mini blocks, which are industrial products subject to voluntary safety verification around July 2014, and did not report the voluntary safety verification.

[Defendant asserts that there was no intention on the part of Defendant, inasmuch as LOZ ZDia blocks and the above products imported together with the above products are identical in shape and size to the same product, and they were declared as one product with the same shape and size. However, even according to Defendant’s argument, sample sample sent by the exporting company was contained, and according to Defendant’s statement, the unit price and imported quantity of each of the above products are different, and Defendant’s product was treated as “PIC BLK” in filing an import declaration, but Defendant was treated as two products divided into ports, etc., it is recognized that there was intention on the omission of report by the Defendant.] The summary of evidence is established

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A voluntary safety confirmation report;

1. Application of Acts and subordinate statutes on acceptance of import declarations;

1. Relevant legal provisions concerning facts constituting a crime, quality control of industrial products, and Article 39 subparagraph 6 of the Safety Control of Industrial Products Act and Article 19 (1) of the same Act.

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

1. Of the facts charged in the instant case, the part not guilty of Article 334(1) of the Criminal Procedure Act, which is an industrial product subject to voluntary safety verification by the Defendant, (a model name: LOZ Domar Doms).