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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant asserted the misunderstanding of facts against the Defendant provided materials imported from China to H (hereinafter “H”) and caused the said company to manufacture the instant cosmetics. On November 2015, the Defendant requested the Korea Testing and Research Institute to analyze the composition of the instant cosmetics and requested that the stheme ingredients were not detected. As such, there was no criminal intent as to the manufacturing and storage of s the s theme cosmetics.
Nevertheless, the judgment of the court below which convicted him of the manufacture and storage of sted cosmetics among the facts charged of this case is erroneous in the misapprehension of facts.
B. The judgment of the court below on the grounds of unfair sentencing by both parties is unreasonable.
2. Determination
A. According to the following circumstances revealed in the judgment and arguments on the Defendant’s assertion of mistake of facts, the Defendant, while aware of the fact that the substance imported from China contains stheme ingredients, seems to have provided the substance so that the cosmetic in this case was manufactured. Thus, the judgment of the court below which convicted the Defendant of the manufacture and storage of s the s themed cosmetic among the facts charged in this case is just, and there is no error in the misapprehension of the legal principles as alleged by the Defendant.
In supplying the raw materials of the instant cosmetic, the Defendant imported and supplied them to H as it did not indicate ingredients at the cosmetic retail store located in the Chinese heart S, and thus, imported substances, the ingredients and source of which are unclear. The Defendant Company F (hereinafter “F”) that was operated by the Defendant did not send a grade report on the said materials despite the repeated request made by H.
(Evidence Records No. 343). Qudo, the core employee of F, also the presence fee of the cosmetic in New Zealand.