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(영문) 수원지방법원 2013.06.13 2013고정989
화장품법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall sell cosmetics whose packaging, entries or labeling are damaged, forged or altered, or keep or display them for sale.

On December 2, 2011, the Defendant purchased 10 copies of the product name purchased from the French, and the English company name part was destroyed, and sold to many unspecified consumers via the Internet site “Gmarket” through the “Gmarket,” from July 2012 to September 25, 2012, by purchasing 10 of the “Camper cream” on the destroyed Kim Jong-ro, Kim Jong-ro.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to screen pictures certified for sale of suspects, such as accusation books, product photographs, etc.;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 36 (1) 4 and 16 (1) 4 of the Cosmetics Act that choose a penalty;

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

1. The Defendant asserts that the judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act was not known that the act of the judgment was an offense.

On the other hand, Article 16 of the Criminal Act provides that "the act of a misunderstanding that one's own act is not a crime under Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding" does not mean a simple legal site, but it is generally a crime, but it is true that it does not constitute a crime that is permitted by Acts and subordinate statutes in case of his own special circumstances, and it is not punishable if there are justifiable grounds for misunderstanding. Thus, the defendant was unaware that the act of the misunderstanding was a crime.

Even if this falls under a simple site of law, and it does not actively misleads that it does not constitute a crime as permitted by the law, and it does not constitute a mistake of law.

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