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(영문) 인천지방법원 부천지원 2020.01.09 2019고단2545 (1)
관세법위반
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who runs the business of manufacturing and distributing play equipment in the name of “C” on the 5th floor of Bupyeong-si B building.

A manufacturer or importer of products subject to safety assurance shall undergo a safety assurance test from a testing agency for safety assurance on each model of electrical appliances and consumer products, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to verify that the relevant products subject to safety assurance meet the safety standards, and then report such fact to the Minister of Trade, Industry and Energy, and any person who intends to manufacture, sell, or import broadcasting and communications equipment, electromagnetic interference, or machinery affected by electromagnetic waves shall undergo conformity assessment in accordance with the standards for conformity assessment of the relevant machinery in accordance with the Radio Waves Act, and no person who files an import declaration shall import the relevant products without meeting requirements for permission

Nevertheless, on May 9, 2016, the Defendant imported ten “E” game apparatus (total cost of goods 2,91,948 won, total market price of KRW 4,704,319 won, total market price of KRW 4,704,319) that can be imported through safety verification and conformity assessment under the Electrical Appliances and Consumer Products Safety Control Act and the Radio Waves Act from D located in China, without safety verification or conformity assessment, and imported 678 total amount of domestic game apparatus from March 12, 2016 to July 16, 2018 (total cost of goods 639,082,769 won, total market price of KRW 1,04,847,028) over 36 occasions without safety verification or conformity assessment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. A written accusation;

1. Answer to inquiries by the National Technical Standards Board;

1. Questions and replies to inquiries by the President of the National Radio Waves Testing Center;

1. Revenue performance;

1. The national newspaper and outputs of the civil petition are 1. Each ruling;

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