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March 24, ’64 – 2:00 pm in Courtroom 704, Criminal Court, Ratchadapisek Road. The court reads the verdict, Black Case No. 42/2562, where the Economic and Resource Prosecutor 2 is the plaintiff suing Magic Skin Co., Ltd. for Mr. Korn Puangson, Authorized Director, Mr. Korn Puangson , Personal Title, Ms. Wanapa Puangson, wife of defendant 2, Mr. Peer Nithi Tiron Suthaporn, Mr. Sitth Worachingtan and Mr. Maiyasit Sawangthammarat Together, as defendants 1 to 6, respectively, the basic offenses of the Law of Cosmetics BE 2558, Food Act 2522, and Computer Related Offenses Act BE2550, of which the defendant pleaded guilty
In the event that during the period from August 5, 2017 to February 15, 2018 in a row, Magic Skin Company, Mr. Korn and Ms. Wanna have dared to jointly produce the Mezzo soap and cosmetics brand notifying the Faculty Office. The Food and Drug Administration (FDA) said Magic Skin Company Located at 522/46 Suebsiri Road, Nai Mueang Sub-district, Mueang District, Nakhon Ratchasima Province. But, in fact, the three defendants hired PS.Kismatic (Thailand) Co., Ltd. to be a manufacturer for the sale of said brand of cosmetics. Later, many victims became convinced of the fraudulent advertising of the defendants in the purchase of cosmetics. And dishonestly give money to the accused
On this day, the 1 to 6 defendants go to court with an attorney to hear the verdict.
The court examined the evidence and then ruled that all the defendants were guilty of Penal Code, Section 343, first paragraph, Computer Crimes Act, BE 2550 Section 14 (1), Food Act 2522, Section 41.71 and Defendant No. 1-3 is guilty of Section 6 (10), 25 (2), 53,59 and the Cosmetics Act of 2015, the actions of all defendants are various crimes. To punish each karma as an offense The common guilt of defrauding the public, the common ground entered into the computer system, which is false information. And the base together in a computer system where false information indicates And base ourselves together to advertise benefits Food properties without permission are an act, it is against the law, many punishments are the most Have the same penalty rate Punish the common base of defrauding the people According to the Penal Code, Section 90, the defendant will be imprisoned on 2 to 6 counts for 2 years, including 59 counts and a fine of 5,000 baht, including 59 counts and other offenses.
All of the defendants pleaded guilty under consideration. There is a justification. Cut the sentence in half. Common basis for defrauding people Probably jailed the defendant on 2-6 counts for 1 year and fined the six defendants 2,500 baht each, including 59 counts of jointly produced food supplements controlling the label by improperly displaying it. And jointly producing fake food 1-3 defendants were probably fined, every 5000 baht per person, jointly selling counterfeit food and dietary supplements that control the label by displaying the label incorrectly. He probably jailed the second and third defendants every 3 months and fined 1-3 defendants 3,000 baht per person. He probably imprisoned the second and third defendants for 1 month and fined 1-3 defendants 5000 baht per person. Probably 1-3 defendants were fined 5,000 baht per person, jointly selling counterfeit cosmetics showing incorrect labels, 2-3 defendants will probably be imprisoned for 1 month and 1-3 defendants will be fined 5,000 baht per person.
Total imprisonment for the second and third defendant 59 years 5 months and a fine of 170,500 baht per person, 4-6 defendants 59 years and a fine of 147,500 baht for joint crimes, defrauding the public to imprison the second to 6 defendants 20 years each person according to article 91 (2) of the Penal Code.
However, when all penalties are included, the first defendant was probably fined 175,000 baht, the second and third defendant 20 years and 5 months in prison and a fine of 170,500 baht, the fourth six defendants 20 years in prison and a fine of 147,500 baht.
Consider the investigation report and examine defendants 2-6 and see that the illicit status and circumstances of the food supplements case Infringing cosmetics do not appear to be detrimental to public health in any way, insofar as they cannot give defendants 2-6 a chance to become good citizens of society. In addition, defendants 2-6 were repentant in trying to mitigate the negative effects, the honesty of the occupation, obtain income to compensate all the victims. That it is only the buyer of the product to be distributed Most of the victims were satisfied and did not intend to prosecute both civil and criminal cases. There are probably a small number of injured who have not received compensation. The opportunity for the defendant to work for income to compensate for damages is likely to be more beneficial. Furthermore, defendants 2-6 did not appear to have been previously incarcerated. Imprisonment, therefore, probation for 3 years
The plaintiff asked the six defendants to return the money together. Or reimburse all injured people He saw that the six defendants made the payment and paid the full amount to the court until they were satisfied and reached a compromise agreement. Until victims 1-5,7,9-12,14-16,19-25,27-57 and 59 are no longer attracted to the prosecution.Therefore, the defendant cannot be ordered to return the money from jointly or compensate the injured person again. And the six defendants are jointly paid to the injured person 6 1.3 million baht, the injured person 8 4.1 million baht, the number of injured 13 428,930 baht, the number of injured 17, 37,100 baht, the number of injured 18, 71,615 baht the victim 26 amounts to 142,957 baht and the injured person 58 in the amount of 132,957 baht for confiscation of objects to the Ministry of Public Health for destruction or manipulation as it deems appropriate.
On the same day, the Criminal Court also read another judgment on the Magic Skin case, namely Black case No. 43/2562, where the Economic and Resources Prosecutor 2 was the plaintiff suing Magic Skin Co., Ltd. by Mr. Korn Phuangson. , the Authorized Director, Mr. Korn Phuang. Personally, Ms. Wanapa Puangson, husband and wife together are the 1 to 3 defendants, respectively, based on the offenses of the Cosmetics Act BE2558, Food Act BE The Cybercrime Act 2007
In the event that during the months of February 2017 to April 2018, the defendants together with Miss Trichada Jaisabai, Ha New Korea Company and Miss Pacharee Wongsomboon, the defendant, red criminal case number O. 3781/2561 has committed various crimes, daring to jointly produce for sale counterfeit cosmetics by the three defendants together with Ms Trichada, Hanis and Ms Pacharee in the form of a division of duties. Together, the production of the cosmetics brand Trichada and then registered the production for sale to the Food and Drug Administration (FDA) by Ms Wanna, the third respondent for the production site, 58 Moo 7, sub-district of Don Wai, Muang District, Chiang Mai Province. Nonsung, Nakhon Ratchasima province, despite the fact that the three defendants hired Ha New Company and Miss Pacharee to produce, without which the three defendants were not the manufacturer, and then they sold counterfeit cosmetics to many victims who were convinced. The value of the damages is 55,711,529 baht.
On this day, the 1-3 defendants go to court with an attorney to hear the verdict.
The court examined the evidence and ruled that the 1st and 3rd defendants were guilty of the Penal Code, article 343, first paragraph, Cosmetics Law, BE2548, Cybercrime Law, BE2550 (2007). Computer-related crimes and crimes of public fraud are the same crimes against several laws, each with the same penalties. Being punished for defrauding the public The actions of the four defendants were guilty of different karma, all karma was punished as an offense.
With imprisonment for the defendants for 2 to 4, 2 years and a fine of 5,000 baht each for the four defendants, including the imprisonment of the 2 to 4 defendants for 290 years each and a fine of 735,000 baht each. one. Imprisonment for the second to fourth defendants every 2 months and fined the 4 defendants 10,000 baht each and defendants 1-3 remain guilty of joint production for selling and producing fake cosmetics, the second and third defendants 1 year in prison and the third accused are fined 20,000 baht each. All four defendants pleaded guilty for the benefit of the hearing. Therefore, the common basis for defrauding people would be in prison for the second to the fourth defendant 145 years each and a fine from the first to fourth defendant with 362,500 baht each.
Joint base, products for sale Contract production of fake cosmetics Imprisonment for the second, third defendant every 3 months and fined for the first and third defendants 10,000 baht each, including imprisonment for the second and third defendants 145 years, 4 months and fined for the first and third defendant 377,500 baht each, the fourth defendant has the sentence is 145 years 1 month and the fourth defendant receives a fine of 367,500 baht, but the crime of such fraud has an imprisonment rate maximum of no more than 10 years, therefore the second defendant is imprisoned for 2 to 4, 20 each, probably 2 – 3 defendants. Each person 20 years 4 months and a fine of 377,500 baht, the fourth defendant has 20 years 1 month and a fine of 367,500 baht.
Review the investigation report and examine the four defendants and see that the illicit behavior of the 4 defendants in this case is a business related to cosmetics, so there is a real product. And sold to consumers Including victims in this case By the way, making ads on social media. The product failure condition affects the victim. Who we are distributors together It does not appear to be harmful to health and does not pose a threat to the public that it may not give the accused a chance. Become a good citizen of society. All the defendants were repentant, trying to make an honest career and compensate all the victims, with the majority of the victims satisfied and did not intend to prosecute both the civil and criminal cases against the defendants.
The opportunity for the accused to work to generate income to compensate for the damages suffered by the remaining victims should benefit the accused and the injured person. Including more people than giving the defendant a prison sentence In addition, the fines received by all defendants are considered severe and terrifying punishments. After the incident, although the amount of damages in this case was large, the four defendants tried to mitigate the harmful effects by compensating the victims in this case by compensating the victims until they were satisfied with 91 people. For an amount of 1.6 million baht, there are 25 installments and some of the victims, the defendant has deposited the money in the court to compensate in full. There may be a minority of 25 disability damages, but the defendant has already deposited some of the money with the court to mitigate the damage. Representing responsibility In the crimes of the four defendants when it did not appear that the 2-4 defendants had previously received prison sentences. The prison sentence is waiting for a sentence of 3 years if the 4 defendants do not pay the fine, according to Section 29, 30 of the Penal Code.
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