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(영문) 수원지방법원 2021.03.24 2020고정1394
전파법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. A person who intends to manufacture, sell, or import broadcasting and communications equipment, or machinery which obstructs broadcasting and communications equipment and electromagnetic waves or is affected by electronic waves shall undergo conformity assessment of the relevant equipment in compliance with the standards for conformity assessment;

Nevertheless, from June 2019 to January 2020, the Defendant imported 2,80 parts of D (the model name: E, F, G, and Manufacturing: Germany H; hereinafter “the instant equipment”) total of 1,705 parts without undergoing the suitability evaluation, and sold 1,705 parts without undergoing the suitability evaluation.

2. Defendant B, the Defendant, at the time and place specified in the preceding paragraph, committed the same act of violation as described in the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A certificate of completion of import declaration, details of sales of products, and registration of conformity with broadcasting communications equipment and materials;

1. A photograph of distributed products (a prior importer is assessed as to the suitability of the instant equipment, and due to this, the Defendants do not constitute a violation of the Radio Waves Act even if they did not undergo separate conformity assessment in importing the instant equipment and materials;

Even if misunderstanding, the Defendants’ act does not constitute a crime as permitted by law.

In the case of false awareness

subsection (b) of this section.

Rather, this constitutes a mere legal site, and there is no obstacle to the establishment of a crime of violation of the Radio Waves Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 84 Subparag. 5 of the Radio Waves Act and Article 58-2 Subparag. 1 (generally, selection of fines)

(b) Defendant B: Article 88, Article 84 subparag. 5, and Article 58-2 subparag. 1 of the Radio Waves Act ( comprehensively referred to as “Defendant B”);

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The order of provisional payment:

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