The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles and mistake of facts, was requested by the directors J of the I Co., Ltd. to produce and supply the same devices as the judgment of the court below (hereinafter “the instant organization”). Since the J holds a safety certification against the Defendant, the J is responsible for the safety certification from the part of I Co., Ltd.

was made.

Accordingly, with knowledge that the Defendant would only obtain safety certification prior to the sale by electrical appliances sellers, the Defendant manufactured the instant devices without obtaining safety certification in accordance with the I’s proposal and supplied them to I.

Ultimately, the defendant had no intention to commit the crime of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The main text of Article 3(1) of the former Electrical Appliances Safety Control Act (wholly amended by Act No. 13859, Jan. 27, 2016; Act No. 13859) provides that “a person who intends to engage in the business of manufacturing electrical appliances subject to safety certification or to manufacture electrical appliances in a foreign country and export them to the Republic of Korea” (hereinafter referred to as “manufacturer”) with regard to the assertion of misunderstanding of facts or misapprehension of legal principles refers to the model of electrical appliances subject to safety certification (a product with a unique name specified by Ordinance of the Ministry of Construction and Transportation as an industrial resource) from the safety certification institution.

The safety certification shall be obtained by each type of trade resources as prescribed by Ordinance of the Ministry of Information and Communication.

Article 25 subparag. 2 of the same Act provides that “A person who manufactures electrical appliances subject to safety certification without obtaining safety certification, in violation of Article 3 subparag. 1, shall be punished.”

In addition, Article 7 (1) of the same Act provides that "the manufacturer, the importer, the seller, and the rental business operator of electrical appliances subject to safety certification shall display the safety certification.