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(영문) 서울북부지방법원 2016.07.01 2016고정1266

화장품법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall sell manufactured or imported cosmetics to consumers to test and use them in advance in order to promote publicity and sales of products which are not for the purpose of sale.

Nevertheless, from Apr. 1, 2013 to Jan. 20, 2016, the Defendant, at the office of “C”, the e-commerce company run by the Defendant on B B1st floor in Namyang-si, the Defendant posted approximately 228 kinds of “dysysysysysysysysysys 50” to the Internet shopping mall D using the computer, and sold samples by allowing consumers to select sampling cosmetics at the time of purchasing this product.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Investigation report (verification of Internet shopping mall that sells sampling cosmetics to the main body) and investigation report (purchase of sampling cosmetics);

1. The details of purchase, one receipt, the details of payment by national banks, a copy of the specifications of transactions by collection of natural unrecognism, and sales by sampling cosmetics year;

1. Printed materials verifying the site of sampling cosmetics, and printed materials on the D website;

1. Application of Acts and subordinate statutes to the purchased sampling photographs, D operational office-site photographs, and the field pictures of seizure/verification warrant execution site pictures;

1. Relevant legal provisions concerning facts constituting an offense and Articles 37 (1) and 16 (1) 3 (Selection of Penalty) of the Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;