전기용품안전관리법위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Defendant
A is a person who manufactures garbage pulverization equipment for kitchen use, electrical appliances, in the name of a L business entity.
Any person shall obtain safety certification pursuant to Ordinance of the Ministry of Trade, Industry and Energy in manufacturing electric products subject to safety certification pursuant to the Electric Appliances Safety Control Act.
Nevertheless, the Defendant, as if he obtained safety certification from the date on which it was in fact and until December 7, 2015, had manufactured 170 boxes of safety certification marking through business employees or agencies, as if he/she had obtained safety certification.
[Judgment on the argument of the defendant and his defense counsel] The issue of this case is that the defendant manufactured the food crushing machine under the name of the L-gu in charge of the dispute resolution (hereinafter referred to as "the product of this case") and attached the safety certification Stand D as a manufacturer.
In this regard, the defendant and the defense counsel asserted that the defendant had received safety certification for the "the product of this case" while operating the Dispute Resolution, since the representative of the Dispute Resolution D changed to E, the defendant manufactured the product of this case in the name of the Dispute Resolution L, the defendant had a patent right, etc. for the product of this case, and the manufacturing factory of the parts contained in the product of this case was different, but the assembly factory was the same, and there was no intention to manufacture the product of this case without obtaining safety certification from the defendant.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① Electric Appliances Safety Control Act imposes the duty of safety certification on the manufacturer, and the “manufacturing” is also indicated on the safety certification Stick for the instant product, ② the Defendant was well aware of the change of the above manufacturing, ③ the fact that the Defendant was also aware of the change of the manufacturing.