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(영문) 서울중앙지방법원 2016.09.06 2016고정2239
전파법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Any person who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, shall undergo conformity assessment of the relevant equipment, such as certification of conformity, registration of conformity, or provisional certification;

around January 19, 2016, the Defendant imported 160 won in a unit price of 7,000 won, which is a specific low-power radio device, from China via the Internet, for the purpose of selling 160 won in a unit price of 7,000, while operating Company B in Gangnam-gu Seoul, and from February 11, 2016, the Defendant imported from China for the purpose of selling the same year.

3. Until December 25, 200, between the Internet sales site (D) sold the above 126 feet KRW 15,000 per unit price, and imported and sold equipment that did not undergo conformity assessment for the purpose of selling it.

2. Defendant B, a representative of the Defendant, imported and sold equipment that did not undergo conformity assessment as set forth in the above paragraph (1) for the purpose of selling them.

Summary of Evidence

1. Defendant A’s legal statement

1. Internet posted materials;

1. Application of Acts and subordinate statutes on the purchase of products and cost accounting table;

1. Relevant Article of the Radio Waves Act and subparagraph 5 of Article 84 and Article 58-2 (Selection of Fine) Defendant B: Articles 88, 84 subparagraph 5 of the Radio Waves Act and Articles 58-2 (Selection of Fine)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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