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(영문) 수원지방법원 성남지원 2017.08.11 2016고정1442
화장품법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of the company in charge of the company in charge of the management of the cosmetics-making chain in Seongbuk-gu, Sungnam-si (hereinafter “instant company”), and that he manufactured “G” cosmetics (hereinafter “the instant cosmetics”) and registered them in the U.S. Food Pharmacies (FDA).

No manufacturer, manufacturer-seller or seller of cosmetics shall place any indication or advertisement that is likely to deceive or mislead consumers.

Nevertheless, around March 17, 2016, the Defendant indicated and advertised “G” cosmetics on the Internet homepage, newspapers, broadcasting, and magazines, such as “certification of functional cosmetics in U.S. FDA (pharmacy of U.S. food)” (hereinafter “instant labeling and advertising”), and indicated or advertised that the cosmetics registered in the U.S. food pharmacy in the U.S. are not true ones as if they were certified cosmetics, or are likely to mislead consumers.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction should be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be judged even if there is a doubt as to the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). B. In light of the following circumstances acknowledged as legitimate evidence investigation by the court, the evidence submitted by the prosecutor alone alone was indicated and advertised in the instant case as stated in the facts charged.

It is difficult to see, and there is no other evidence to acknowledge it.

① The size of the instant company is 200,000 full-time officers and employees, and 30 billion won in sales, and the instant case.

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