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(영문) 의정부지방법원 2018.07.19 2018고정79
화장품법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has completed the registration of the business of manufacturing cosmetics under the trade name of “C”.

1. In the primary or secondary packaging of cosmetics, the names of cosmetics, manufacturing numbers, precautions, etc. at the time of use shall be stated and indicated as prescribed by the relevant Acts and subordinate statutes;

Nevertheless, in manufacturing and selling “E”, which is a cosmetic from May 2017 to September 13, 2017, the Defendant did not indicate and indicate the manufacturing number and the precautions at the time of the use in the packaging.

2. No manufacturer, manufacturer-seller or seller shall place any indication or advertisement likely to mislead himself/herself into thinking he/she is not a functional cosmetics;

그럼에도 불구하고 피고 인은 위 일시경 F 언론에 『 탈모해 결. 뿌리기만 하면 거짓말처럼! 정말 머리카락이 “ 쑥쑥”. 좋다는 제품 다 사용, 효과 못 보신

( Sector) Favour, proton, or protetra, that is not effective;

분. 후천성 탈모, 어떤 분이든!! 』 라는 내용의 광고를 게재함으로써, 기능성 화장품으로 잘못 인식할 우려가 있는 표시 또는 광고를 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A written accusation and a public official statement;

1. The defendant asserts to the effect that advertising photographs and H products packaging photographs (the defendant, with regard to the crime No. 2 as indicated in the judgment, posted the advertisement on G side on which the sale of the instant cosmetics was performed by proxy, and the defendant did not directly participate in the advertisement.

However, the circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, the Defendant, when manufacturing and selling “E”, the Hague Cosmetics, entered into a consignment sale contract with I on March 15, 2017, and the husband G actually performed the advertisement and sale of the said cosmetics, and G actually performed the advertisement and sale of the said cosmetics in this court, and the advertisement phrase published in the F press.

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