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(영문) 제주지방법원 2020.12.23 2020고정478
화장품법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall sell in advance cosmetics manufactured or imported for consumers to test and use, or store or display them for the purpose of sale in order to promote publicity and sales of products for purposes other than the purpose of sale.

Nevertheless, from the beginning of February 2020 to the 13th of the same month, the Defendant: (a) at the 'C' cosmetic sales shop where the Defendant in Jeju-si works as an employee; (b) in order to promote the promotion and sales of products not for the purpose of sale, the Defendant covered up samples, such as sample samples, which were manufactured to be tested and used by the consumers in advance; and (c) stored or displayed them for the purpose of sale after attaching a sales price to the display stand.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The defendant's statement of control, confirmation, on-site photograph (the defendant's and his defense counsel knew of the fact that the sample cosmetic was displayed at the store, but the defendant did not participate in the store and did not know about the illegality, so the defendant did not have any awareness of intention or illegality. However, in light of the evidence above, the above charges can be found guilty. Thus, the above argument is not accepted).

1. Relevant legal provisions concerning facts constituting an offense, Articles 37 and 16 (1) 3 of the Cosmetics Act, and selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the suspended sentence of sentence was charged on the ground that the Defendant was an employee of the end group of the instant store, who did not lead the instant crime, and was at the site of regulating that it was not much involved. On the other hand, the business owner or the store manager, etc. did not prosecute any indictment.

In the case of defendants, criminal facts are not highly likely to be subject to criticism because they "storage and display", and in the case of defendants.

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