전파법위반
[Defendant A] The defendant shall be punished by a fine of KRW 500,000.
If the defendant does not pay the above fine, 100.
Punishment of the crime
Defendant
A is a person who operates a stock company B (hereinafter referred to as “Defendant Company”) established for the purpose of distribution business, etc.
1. Any person who intends to manufacture, sell, or import Defendant A broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, shall obtain certification of conformity, registration of conformity, or provisional certification of the relevant equipment in accordance with the standards for conformity assessment;
Nevertheless, from September 17, 2018 to November 2018, the Defendant imported 32 satises "satises" (the model name ST-10 8, model name ST-210 24, hereinafter referred to as "instant machine") for the purpose of selling without undergoing conformity assessment from the competent authority, through the Incheon port from around September 17, 2018 to around November 2018.
2. A, the inside director of the Defendant Company Defendant Company, committed a violation regarding the Defendant’s business as described in paragraph 1.
Summary of Evidence
1. Defendants’ respective legal statements
1. C’s legal statement;
1. Results of inquiry into the national radio wave research institute;
1. Details of receipt of civil petitions and data posted on the Internet;
1. A certificate;
1. Application of a copy of business registration certificate;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 84 Subparag. 5 and Article 58-2 of the Radio Waves Act; selection of fines
(b) Defendant Company: Articles 88, 84 subparagraph 5, and 58-2 of the Radio Waves Act;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act
1. Summary of the assertion
A. The machine presses of this case imported by Defendant A do not interfere with electromagnetic waves under Article 58-2(1) of the Radio Waves Act or are not affected by electromagnetic waves.
Therefore, the machine of this case is not subject to conformity assessment under the above provision.
hereinafter referred to as "the case."