Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

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

Punishment of the crime

1. A person who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, he/she imported the pertinent equipment from January 1, 2012 to July 31, 2014, from 25,983 units, and from 379 units to 9.7 billion won in total without undergoing the aforementioned evaluation.

2. A, the representative of the Defendant Company B, committed a violation as described in paragraph (1) with respect to the duties of the Defendant Company B.

Summary of Evidence

1. Defendant A’s legal statement

1. Civil petition reports;

1. Application of Acts and subordinate statutes to the investigation report (import status);

1. Article applicable to criminal facts;

(a) Defendant A: Article 84 subparagraph 5 of the Radio Waves Act and Article 58-2 of the same Act;

B. Defendant B: Articles 88, 84 subparag. 5, and 58-2 of the Radio Waves Act

1. Penalty surcharge of KRW 5,000,000 to be suspended (with respect to Defendant B, the defendant corporation);

1. Articles 70(1) and 69(2) of the Criminal Act (Defendant A) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 2007);

1. Determination as to an application for adjudication on constitutionality of a law and a request for adjudication on constitutionality of Article 334(1) of the Criminal Procedure Act (as to Defendant A)

1. Articles 58-2(1) and 84 subparag. 5 of the Radio Waves Act, which are subject to the request for adjudication on constitutionality of the provision of the Act subject to the request, are as follows:

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

5. Any person who sells, manufactures or imports machinery and materials which have failed to undergo conformity assessment under Article 58-2 for the purpose of sale, and who manufactures or imports such machinery and materials for the purpose of sale, shall be punished by broadcasting communications equipment and materials.