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(영문) 인천지방법원 2018.11.02 2018고정2239
전기용품및생활용품안전관리법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a Do and retailer that sells miscellaneous goods, etc. with the trade name “C” located in Yeonsu-gu Incheon Metropolitan City.

A manufacturer or importer of a product subject to safety assurance shall undergo a safety verification test from a safety verification testing institution for each model as prescribed by Ordinance of the Ministry of Trade, Industry and Energy for the product subject to safety verification, confirm that the product subject to safety verification conforms to the safety standards, and report the fact to the Minister of Trade, Industry and Energy.

Nevertheless, the Defendant imported 20 parts of the Scream ( model name: Rcrithic rithic rithic rithic rithic rithic) which is a product subject to safety management in Bosicheon-si, China around May 2018, and did not obtain stability certification from the Korea Construction Living Environment Testing Institute (KCR) and did not report safety confirmation to the Minister of Trade, Industry and Energy.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation of the Korean Product Safety Association;

1. Written statements of D;

1. On-site confirmation and business registration certificate attached to the accusation;

1. Application of Acts and subordinate statutes to investigation reports (specific safety certification institutions);

1. Article 40(1)17 and Article 15(1) of the Act on the Safety Control of Electrical Appliances and Consumer Products (Amended by Act No. 15338, Dec. 30, 2017) for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that part of the imported ice rink, which was not secured by safety, was sold during the trial due to the reason safety verification test for sentencing of Article 334(1) of the Criminal Procedure Act, the sentence like the order shall be imposed.

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