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(영문) 서울중앙지방법원 2016.09.29 2016고정2408

전파법위반

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of distributing computer peripheral devices, communication equipment, etc. on the 11st floor of Songpa-gu Seoul Metropolitan Government C building, and the defendant A is the head of the technology team of the above corporation.

A person who intends to manufacture, sell, or import broadcasting and communications equipment, or machinery affected by electromagnetic waves, shall undergo conformity assessment conducted by the Director of the Department of Creative Science in the future with respect to the equipment, although he/she is subject to such conformity assessment by the Director

1. On August 2015, Defendant A imported more than 30 IPM (Bestam) from China and sold approximately 10 of them in the Internet shopping mall, a broadcasting and communications reporter who did not undergo a conformity assessment by the Director of the Department of Creative Science, and sold approximately 10 of them in the Internet shopping mall;

2. Defendant B Co., Ltd., an employee of the Defendant, committed an act of violation as described in paragraph (1) with respect to its business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written opinion, report on the offender and evidence photograph;

1. Application of the Acts and subordinate statutes governing the closure of a letter screen for the sale of IP CCTV cameras;

1. Article 84 subparag. 5 of the Radio Waves Act and Article 58-2 subparag. 1 (Selection of Penalty) of the same Act on criminal facts and Defendant A: Articles 88, 84 subparag. 5 and 58-2 subparag. 1 (Selection of Penalty) of the Radio Waves Act; Articles 88, 84 subparag. 5 and 58-2 subparag. 1 (Selection of Penalty) of the Radio Waves Act

1. Punishment of suspended sentence under Article 59(1) of the Criminal Act: Attraction of a workhouse of a fine of KRW 1,000,000 (Defendant A): Articles 70 and 69(2)(1) of the Criminal Act (see, e.g., Supreme Court Decision 200Da10000, Jan. 1, 200) (see, 200, Jan. 1, 200)