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(영문) 대전지방법원 2020.01.09 2017고정1562 (1)
전기용품및생활용품안전관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Manufacturers or importers of products subject to safety assurance shall undergo a safety assurance test for each model by a testing agency for safety assurance in accordance with relevant Acts and subordinate statutes, verify that the relevant products subject to safety assurance meet the safety standards, and report such fact to the Minister of Trade, Industry and Energy.

On February 2, 2017, the Defendant: (a) assembled the bicycle parts without filing a safety confirmation report; and (b) manufactured one bicycle of “Y” amounting to KRW 680,000 at the market price of the product subject to safety confirmation, which is the product subject to safety confirmation.

The written indictment contains the phrase “manufactured and sold to customers.”

However, Article 40(1)17 of the former Act on the Safety Control of Electrical Appliances and Consumer Products (amended by Act No. 14593, Mar. 14, 2017) (Article 40(1)17 of the Act on the Safety Control of Electrical Appliances and Consumer Products (amended by Act No. 14593, Mar. 14, 201) on which a public prosecution

The act of selling consumer products subject to safety assurance without the safety assurance mark, etc. in relation to the part of "sale" has separate penal provisions (Article 42(1)3 of the same Act, subject to the imposition of fines for negligence) and the act of manufacturing "manufacturing" and "sale" constitute independent provisional punishment acts.

(See Supreme Court Decision 2006Do7834, Feb. 22, 2007). Since there is no substantial impediment to the Defendant’s exercise of the right of defense, the facts charged are modified as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on site confirmations, business registration certificates, on-site photographs, and closures of the Internet photo, some printed materials posted on the website operated by the defendant, advertising outputs, Internet outputs (Evidence No. 17), and outputs on the website operated by the defendant;

1. Relevant laws concerning facts constituting an offense, and electrical appliances and consumer products for which punishment is selected;

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