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(영문) 의정부지방법원 2014.07.24 2014고정939
화장품법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Although a person who intends to manufacture all or part of a cosmetic, who intends to distribute or sell the manufactured cosmetic or imported cosmetic shall register with the Minister of Food and Drug Safety, the Defendant opened a cosmetic sales website (B) from January 3, 2012 to January 2014, and sold the imported cosmetic, such as “150 square meters from Hegel Cream” and “200 square meters from Hegel Hegel.”

2. Although a seller of cosmetics did not make any indication or advertisement that is different from the facts or likely to mislead consumers in view of the whole, the Defendant violated the code of practice by advertising that “Igel Cgel is of a component similar to that of the skin and thus restores the skin protection prevention because Igel Cgel is of a component similar to that of the skin,” and that “Igel’s Cgel is of a component similar to that of the skin geological features, which was made of a structure similar to that of the skin geological features, and was damaged by restoring the party wall that was damaged,” thereby going beyond the scope of the cosmetics.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written statement, a business registration certificate, and data closures on the Internet;

1. Application of Acts and subordinate statutes to investigation reports (report on hearing statements by public officials in charge of accusation);

1. Article 36(1)1 of the former Cosmetics Act (amended by Act No. 12497, Mar. 18, 2014); Article 3(1) of the Cosmetics Act (amended by Act No. 11985, Jul. 30, 2013); Article 37(1) of the former Cosmetics Act (amended by Act No. 11985, Jul. 30, 2013); Article 13(1)4 of the Cosmetics Act (amended by Act No. 11985, Jul. 30, 2013);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum amount of concurrent crimes resulting from the violation of the Cosmetics Act (limited to the maximum amount of two crimes)] among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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