The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 700,000.

Defendant

A does not pay the above fine.

1. Summary of grounds for appeal;

A. In fact, (i) since 10 years prior to the Defendants’ importation and sale of the instant product, the instant product was already sold in Korea without any question, and thus, it is unreasonable to punish the Defendants as a violation of the Radio Waves Act, instead of punishing the Defendants that previously imported and sold the instant product.

She also imported and sold the instant product in a normal manner, and the Defendants were imported and sold without knowing that the instant product was subject to conformity assessment, such as broadcasting and communications equipment, under the Radio Waves Act. Therefore, there was no awareness of illegality.

B. The punishment of the lower court (a fine of two million won per fine) is too unreasonable.

2. Determination

A. (1) A person who intends to manufacture, sell, or import broadcasting and communications equipment, electromagnetic wave interference, or equipment affected by electronic waves (hereinafter “broadcasting and communications equipment, etc.”) shall undergo conformity assessment with respect to the relevant equipment in accordance with the standards for conformity assessment; and Article 84(5) of the same Act provides that a person who sells, manufactures, or imports for the purpose of sale, equipment, etc. which did not undergo conformity assessment under the same Article shall be punished; however, the above provisions are legislative purpose in order to promote public welfare by having a person who intends to manufacture, sell, or import broadcasting and communications equipment, etc. undergo conformity assessment in advance, undergo conformity assessment and safely manage such equipment, etc.

I would like to say.

Therefore, as stated in the facts of the crime in the judgment below, as long as the defendants imported and sold the product of this case which is not subject to exemption from suitability evaluation without undergoing suitability evaluation, it promptly satisfies the requirements for the crime of violating the Radio Waves Act, and whether to punish other violators.