The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In order to sell a large number of copies of a cosmetic, the Defendant’s misunderstanding of facts does not sell sampling cosmetics without compensation, which have increased “dysysing cosmetics” (hereinafter “dysing cosmetics”).

In addition, it is against the principle of prohibition of analogical interpretation under the Criminal Procedure Act if it is deemed that the excessive sale of the original cosmetics is a sampling sale while taking a form of increasing sampling cosmetics.

B. After the revision and enforcement of the Cosmetics Act, the Defendant asked the Daejeon Metropolitan City Health Policy that the Defendant sold cosmetics in the same manner as the Defendant, and asked the Defendant whether the act of the Defendant was illegal. The Defendant obtained the answer from the pertinent administrative agency that “the provision of samples cosmetics in the purchase of cosmetics as private goods is not deemed to constitute an act of prohibiting sale under the Cosmetics Act.” Thus, the Defendant’s act constitutes a mistake in law without the awareness of illegality.

C. The sentence imposed by the lower court on the grounds that the sentence of an unreasonable sentencing (one year of imprisonment, one year of suspended sentence, and fine 2,500,000) is too unreasonable.

2. Determination

A. 1) The lower court rejected the Defendant’s assertion in detail on the grounds identical to the Defendant’s grounds of appeal (which did not have been sold by the Defendant) as to the same assertion (which is not the case where the Defendant sold samples) as the Defendant’s grounds of appeal, if it is possible to find a reasonable interpretation standard to standardize or limit the type of act that constitutes the elements of the crime as a proper understanding and judgment of the general public with the ability to discern things, by examining the legislative purpose, overall content, structure, etc. of the relevant legal doctrine and penal law.

The decision of the court below is made.