PETRA JAYA: An unemployed man was fined RM3,500 in default of one week's jail by the Sessions court here today for selling uncertified communications equipment four years ago.
Wong Hon Wah, 37, pleaded guilty to selling one unit of the PAKITE wireless audio video sender, model PAT-630, which was not certified as “required” by the Communications and Multimedia (Technical Standards) Regulations 2000, to a customer.
According to the charge sheet, Wong sold the communications device through the online shopping platform, Lelong.my.
The customer had paid for the equipment using an online banking service at SIRIM QAS International Sdn Bhd, the Sarawak and Sabah branch office, Demak Laut Industrial Park, at Jalan Bako near here at 3.57pm on Nov 13, 2013.
The accused was charged under Regulation 16 (1)(b) of the Communications and Multimedia (Technical Standards) Regulations 2000, which carries a maximum fine of RM100,000, or six years' imprisonment, or both upon conviction.
Wong, who was unrepresented, appealed for leniency on the grounds that he was unaware that there is a law against selling certain communications devices.
"I am not educated and I only finished schooling until the transition level. I did not do this intentionally and I did not know much about the law.
"All I want to do is to start an online business like what my friends did.
"I did not make any profit from my business. In fact, the business lasted less than six months," said Wong.
Malaysian Communications and Multimedia Commission's (MCMC) prosecuting officer Nazrul Nizam Mohd Zameri contended that the accused had committed a serious offence and proposed that the court impose a deterrent sentence.
"This is actually a serious offence as without proper certification, it is not possible to determine whether the equipment is safe for public use.
"Thus, by selling such equipment, the accused was actually (putting the public) in danger," he said.
Judge Timothy Finlayson Joel sentenced Wong to the fine after considering his guilty plea and taking into account that the case is of public interest.
Wong paid the fine.