The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal: ① The manufacture status of the instant cosmetics, such as color and smelling of containers, can be confirmed, ② Defendant J makes a false assertion as to the developments leading up to the omission of the source of the instant cosmetics; ③ Defendant purchased and sold the instant cosmetics of “Class 2”, which are the advanced products through the abnormal route of the instant transfer.

In light of the fact that it is difficult to conclude that bar codes can easily be copied and it is difficult to regard them as labeling for recognition of authentic items, and the fact that L and Q purchased the instant cosmetics from the Defendant as China was trying to export the instant cosmetics to China, there was an incomplete intention on the Defendant as to the fact that the instant cosmetics are not true products.

must be viewed.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. In full view of the facts and circumstances stated in its reasoning, the lower court held that the Defendant stored or sold cosmetics with the sole evidence submitted by the prosecutor, recognizing that the Defendant was a fake as stated in the facts charged in the instant case.

It is not enough to recognize it.

By doing so, the facts charged of this case were acquitted.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below in light of the facts and circumstances stated in the court below. ① The Defendant was carrying the name of the Japanese language description “AL hotel duty-free shop representative director” (No. 8 book No. 1 book No. 237 of the evidence record) at the time J marks bar code on the cosmetic box kept in the warehouse with smartphone fluor.

D From the end of "cosmetics kept in storage in warehouse are re-satising a product which had been stored in Japan."