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(영문) 대구지방법원 2014.07.11 2014고단2606
화장품법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 7 shall be confiscated, respectively.

Reasons

Criminal facts

1. No person who violates the Cosmetics Act shall sell cosmetics using raw materials that can not be used for cosmetics, or manufacture, import, keep or display cosmetics for sale;

Nevertheless, around January 3, 2007, at the D office operated by the Defendant in Daegu-gu Dong-gu, the Defendant received 80,000 square meters of 25 square meters of cosmetics, which are illegal cosmetics containing the number of materials that can not be used for cosmetics, and sold them in E-mail shop.

From that time until December 30, 2013, the Defendant sold illegal cosmetics containing a total amount of 158,858,334 won in total at 454 times, as shown in the attached list of crimes, from that time until December 30, 2013.

2. They shall not commit any act of misleading the origin of goods in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or in advertisement thereof, or in any transaction document or communication by means of misleading the general public, or by selling, distributing, importing or exporting goods bearing such marks;

Nevertheless, from January 3, 2007 to December 30, 2013, the Defendant: (a) indicated the manufacturing country as “MADINFCE”, trademark name as “F” and sold illegal cosmetics with the origin of KRW 158,858,334, total market price on 454 occasions as indicated in the attached list of crimes, as if the Defendant was an illegal cosmetic containing the above quantity; and (b) indicated the manufacturing country as “MADINFCE”, and the trademark name as “F” and sold it at the place of marina and the cosmetic store, etc. in total of 454 times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A letter of the person in G;

1. Police seizure records;

1. A response to a request for appraisal, an additional reply to a request for appraisal, and an appraisal report;

1. immediately transfer certificates, detailed statement of transactions, door-to-door transport certificates, outputs of details of transactions, sales status by customer, the purchaser’s president (H-Purchase) and the sales status of customers.

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