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(영문) 대전지방법원 2016.7.14.선고 2016고정559 판결
전파법위반
Cases

2016 Highly 559 Violation of the Radio Waves Act

Defendant

A

Prosecutor

His/her fixed rank (prosecution, acting on behalf of the public prosecutor), Kim Jong-tae (Trial)

Imposition of Judgment

2016, 7.14

Text

Defendant shall be punished by a fine of KRW 1,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

From September 2015, the Defendant is a person who operated ‘C', which is a sales business entity, such as drones, from around 103 to the first floor of the building of the Daesung-gu in wartime.

Any person who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves, shall undergo conformity assessment of the relevant equipment, and shall not sell equipment which has not undergone conformity assessment, nor manufacture or import such equipment for the purpose of sale.

However, around February 12, 2016, the Defendant imported 1 drones (the model name: X6) for sale, which did not undergo conformity assessment in D, an Internet shopping mall around October 2015, and sold them to buyers.

Summary of Evidence

1. Defendant's legal statement;

1. Receipts:

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 84 Subparag. 5 and Article 58-2(1) of the Radio Waves Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Lee Jae-hoon

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