The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (i) Non-Function E Cosmetics (hereinafter “instant cosmetics”) was properly acquired by concluding a purchase contract with a limited liability company located in the United States (hereinafter “betting”) and thus, the Defendant, as the owner of the instant cosmetics, has a legitimate title to sell them in Korea.

She also held that the exclusive sales contract entered into with the victim F Co., Ltd. (hereinafter “F Co., Ltd.”) was null and void since it was concluded by G’s fraud, breach of trust, etc., and even if the contract was lawful, the F Co., Ltd. has exclusive sales right for functional E cosmetics, and it does not have exclusive sales right for the instant cosmetics. Thus, even if the Defendant sold the instant cosmetics, it does not interfere with the F Co., Ltd.’s business affairs.

Referencely, the expression "official importer" is used in the sense that it is a product purchased and imported directly from Vietnam, which is the manufacturer, so it cannot be viewed as false.

x) The pictures of the “Otension store” and “P Incheon store” that the F Company occupied were exposed to broadcasting were produced by using the pictures posted on its website at will by the advertising producer, and the Defendant was unaware of this fact.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to (i) whether the Defendant was authorized to sell the cosmetic of this case, the following facts can be acknowledged.

㈎ 피고인이 운영하는 주식회사 D(이하 ‘D회사’라고 한다)는 2005. 12. 24. 베이직과 계약기간을 3년으로 하여 E 화장품에 대한 국내 독점판매권을 부여받는 독점판매계약을 체결하고, 기능성 성분이 함유된 E 화장품을 국내에 판매하였는데, 판매 도중 기능성 성분의 함량이 미달된다는 이유로 D회사가 클레임을 제기하면서 베이직과...