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(영문) 수원지방법원 안양지원 2019.07.24 2019고정409

화장품법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

To the extent that the Defendant does not actually disadvantage the Defendant’s exercise of the right of defense, part of the facts charged is revised. The Defendant is a person who sells cosmetics on the Internet in the name of “D” in the Gyeonggi-si Btel C.

No one shall sell cosmetics whose packages, entries or labelings are damaged, forged or altered, or store or display them for sale.

Nevertheless, around 2019, the Defendant conspired to remove and sell non-marks listed on the container floor of “F” manufactured and distributed by the victim E, Inc. (limited to indications made by the main company to distinguish the branch office that sold the cosmetics after being supplied with the cosmetics). On January 8, 2019, the Defendant sold cosmetics which damaged the entry and labeling of the cosmetics by sending the “F” to a door-line, after receiving KRW 75,000 from H who ordered the above cosmetics through the Internet shopping mall site G at the above “D office.”

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to I;

1. A complaint;

1. Copy of the suspect examination protocol;

1. Application of Acts and subordinate statutes on delivery slip and business registration certificate;

1. Article 36(1)4, and Article 16(1)4 (amended by Act No. 15488, Mar. 13, 2018) of the Act on the Punishment of Specific Crimes and the Selection of Fines for Negligence

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

[This case was closed on July 19, 2019 and the defendant filed an application for challenge against a judge on July 22, 2019. However, in the case of an application for challenge against a judge, a judgment is not included in the proceeding of a lawsuit suspended pursuant to Article 22 of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 2002Do4893, Nov. 13, 2002; 2005Mo378, Mar. 19, 2007).