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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a “C” for the purpose of selling motor vehicle goods and household goods in his/her own government city B.
No person shall sell type-approved fire-fighting appliances, display them for the purpose of sale, or use them for fire-fighting system installation works.
Nevertheless, the Defendant purchased at KRW 5,00 per 5,00 fire extinguishers for fishing stroke type vehicles without D type approval. From October 19, 2017 to August 21, 2019, the Defendant sold 1,017 sales amounting to KRW 7,459,560 in total to seven distributors, such as “E”, which is located in Cheongju-si over 31 occasions, such as the list of crimes in attached Form 31.
Accordingly, the Defendant sold a fire-fighting appliance that was not type-approved.
Summary of Evidence
1. The notice of the result of the police's measure taken by the sales company of the police suspect interrogation protocol F of the defendant against the defendant's legal statement D without approval of the police's protocol of statement, investigation report (the investigation results following detection of the non-type type fire extinguisher operator of Gyeonggi-do special police vehicle), investigation report (the attachment of the non-type type fire extinguisher product), photograph, test report requesting performance certification of the fire extinguishing equipment, investigation report (the analysis of the current status of the delivery of the fire extinguisher in the sales statement and the attachment of copies) on the sales statement, the current status of the delivery of the fire extinguisher, the list of the sales statement, and
1. Details of transaction, electronic tax invoices, investigation reports (Analysis of the current status of orders issued in relation to the supply of fire extinguishers on the order sheet and append copies thereof), records of seizure of orders issued in relation to the supply of fire extinguishers on the order sheet, and the application of Acts and subordinate statutes of the list of seizure;
1. Relevant Articles 48-2 subparagraph 5 and 36 (6) of the Act on the Prevention of Fire-Fighting and Installation, Maintenance, and Safety Control of Fire-Fighting Systems against criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The defendant sold the reason for sentencing of Article 334(1) of the Criminal Procedure Act.