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(영문) 서울중앙지방법원 2018.08.31 2018고정1549
전파법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company that operates the distribution business of household goods in Gangnam-gu Seoul, and Defendant A is the head of the above company.

1. A person who intends to manufacture, sell, or import broadcasting and communications equipment, or equipment which obstructs broadcasting and communications equipment and electromagnetic waves, or is affected by electronic waves, shall undergo conformity assessment of the relevant equipment in the manner prescribed by the Radio Waves Act, and shall not sell equipment which has failed to undergo such conformity assessment;

Nevertheless, from October 2013 to March 16, 2018, the Defendant displayed in a small store, etc., the domestic source removal machine for a reporter subject to conformity assessment who failed to undergo conformity assessment, and sold 74,096 (total sales amount of KRW 370,480,000).

2. Defendant B, at the time and place specified in paragraph (1), the Defendant, who is an employee of the Defendant, committed the above-mentioned violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the criminal place;

1. A certificate of the source of non-influence removal machine (in the case of 78285 exposed photographs) and multiple copies D;

1. Application of Acts and subordinate statutes to a report on investigation (a written statement of representative and confirmation of educational materials);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 84 subparag. 5 of the Radio Waves Act and Article 58-2 subparag. 1 (Selection of a punishment);

(b) Defendant B: Article 88, Article 84 subparag. 5, and Article 58-2 subparag. 1 (Selection of Penalty) of the Radio Waves Act

2. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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