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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 1,000,000.
Defendant
A The above fine shall be imposed.
Reasons
1. A person who intends to manufacture electrical appliances subject to safety certification in a foreign country and export them to the Republic of Korea shall obtain safety certification, and no person, other than those who have obtained such safety certification, shall make the safety certification and make the inspection of safety certification and the labelling of such electrical appliances subject to safety certification as
A. Defendant A around June 2014, around 2014, indicated the safety certification and safety standards on 1,200 important display sets (the model name: F, G, hereinafter “instant display sets”) that Germany exported from the office of heading DB of the Geumcheon-gu Seoul Metropolitan Government building C to the Republic of Korea.
B. Defendant B Co., Ltd. committed the above crimes with respect to the business of Defendant B, who is the representative of Defendant B, at the same time and place as set forth in paragraph (1).
2. Article 6(2) and Article 25 subparag. 4 of the Electrical Appliances Safety Control Act (wholly amended by Act No. 13859, Jan. 27, 2016; hereinafter “the Act”) does not limit the persons who have been subject to safety certification or safety certification under Article 3(1) of the Act, and Article 6(2) and Article 25 subparag. 4 of the Act do not limit the persons who have been subject to safety certification and their packaging without being exempted from safety certification or safety certification under Article 3(1) of the Act or having been subject to safety inspection under Article 5(1) of the Act.
The subject entitled to legitimate safety certification or exemption pursuant to the provisions of law shall be limited to “domestic and foreign manufacturers” (Article 3(1)), and the subject subject to safety inspection shall be limited to “small and Medium Importers” (Article 5(1)).
However, even though Defendant A is merely an importer of new products who does not fall under each of the above entities, Defendant A violated the prohibition of Article 6(2) of the Act by marking safety certification.
(b).