Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Punishment of the crime

1. Defendant A is the representative of Young Forest Agricultural Partnership B who distributes and sells cosmetics in Jeju City D. A.

No one in violation of the Pharmaceutical Affairs Act shall put a mark on the containers, packages or appended papers that are likely to mislead consumers into misunderstanding that articles other than medicines have efficacy, efficacy, effect, etc., or advertise such contents, and shall sell items indicated or advertised similar to those of drugs (or quasi-drugs), store or display them for sale.

Nevertheless, the Defendant, at the Young Forest Farming Association B located in Jeju City, placed a false drug advertisement on products, containers, and packages for the purpose of sale, despite that it is not a drug or quasi-drugs, and advertised it on its own website (E) from July 2013 to April 2016 to unspecified number of persons and sales companies visiting their own will.

As a result, the Defendant manufactured non-pharmaceuticals to mark the possibility of being mistaken for medical efficacy, effect, etc. on containers and packages, advertised such contents on his own website, thereby violating the Pharmaceutical Affairs Act, and there is no amount sold to consumers.

(b) A person who intends to manufacture all or part of cosmetics in violation of the Cosmetics Act and a person who intends to distribute and sell such cosmetics shall register with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister

Nevertheless, the Defendant sold a total of KRW 2,581,000 to an unspecified number of consumers visiting the company’s website and its own company, without registering the business of manufacturing cosmetics B, which are cosmetics. The Defendant sold a total of KRW 2,581,00 from October 1, 2015 to March 2016.

Accordingly, the defendant sells the cosmetics manufactured by himself without registering the cosmetics manufacturing business, and thereby, the Cosmetics Act is enacted.