A. The lower court determined as follows: Article 58-2 of the Radio Waves Act; Article 77-3 of the Enforcement Decree of the same Act; Article 3(3) and [Attachment Table 3] subparag. 12(c) of the Notice on the Conformity Assessment of Broadcasting and Communications Equipment, etc. among the facts charged by the Defendants in the instant case.

The term "equipment subject to registration of conformity with self-testing" in the paragraph was determined to be "equipment subject to registration."

However, the above notice [Attachment 3] No. 12(c).

Paragraph (1) among equipment and materials subject to registration of conformity with the designated testing body specified in attached Table 2, that are operated by USB or sound source as equipment and materials subject to registration of conformity with the designated testing body specified in attached Table 4, 5, and 7. However, the instant complete equipment does not include “Article 4, 5, and 7 among equipment and materials subject to registration of conformity with the designated testing body specified in attached Table 2, which are the former conditions.”

Therefore, it cannot be deemed that the complete area of this case constitutes a “equipment subject to self-testing conformity registration” that should undergo conformity assessment under the Radio Waves Act.

B. The Defendants completed all necessary procedures for import, such as conformity assessment, with respect to the remaining imported goods except the instant complete districts.

In addition, the Defendants did not know that the instant complete district is subject to conformity assessment under the Radio Waves Act.

Therefore, the Defendants did not have any intention to violate the Customs Act.

2. Determination

A. Whether the instant complete devices are subject to conformity assessment 1) The former Radio Waves Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter the same applies)

Article 58-2(1) and (3) of the former Enforcement Decree of the Radio Waves Act (amended by Presidential Decree No. 28210, Jul. 26, 2017; hereinafter the same shall apply)

(2) Article 77-3 of the Public Notice of the Evaluation of Conformity with Broadcasting and Communications Equipment, etc. (Public Notice of the National Radio Research Institute No. 2016-24, Dec. 7, 2016; hereinafter “Public Notice of this case”).

Article 3(3) and [Attachment 3 subparag. 12(c)].

According to subsections, ‘A'.