산업기술혁신촉진법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) includes the satisfic function in a new product certified by the Minister of Trade, Industry and Energy by C Co., Ltd. (hereinafter “C”), which is a defendant company of the defendant, and the defendant does not withdraw the satisfic function in the core technology of the new product in the process of obtaining the certification of the new product. The “in-depth structure” in “F” refers to a double floor satisfe with the three-dimensional earthquake isolation device. In light of this, the satisfic function is not deemed to have been excluded from the core technology of the new product.
Nevertheless, in the process of applying for the certification of a new product, the Defendant submitted false data on the actual results of commercialization by submitting data on the sales records of the product that does not include the exempted function, and the Defendant did not obtain the certification of a new product in the absence of the exempted function. Therefore, this constitutes a case where the Defendant obtained the certification of
Therefore, even if the facts charged in this case were fully convicted, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is C’s representative director with the purpose of manufacturing control teams, such as sales of electric equipment and materials and water distribution teams, etc., in ethic City B.
The Minister of Trade, Industry and Energy may certify products with excellent performance and quality, which have significant economic and technological impacts, as new products, from among products completed by applying technologies first developed in the Republic of Korea or excellent technologies innovatively improved and improved, as core technologies, and persons who have obtained new products certification shall benefit from the support measures, such as financial support and preferential purchase by the Government.
On January 16, 2015, the Defendant was produced by C at the National Technical Standard Institute located in the 93th Ethical Dong-dong, Ethical Dong-dong, Chungcheongnam-do, Chungcheongnam-do.