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(영문) 서울서부지방법원 2014.05.28 2013고단1123
화장품법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 2,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No one shall sell in advance cosmetics manufactured or imported for consumers to test and use for publicity, sales promotion, etc. of products that are not for the purpose of sale to consumers, or store or display them for the purpose of sale.

1. Nevertheless, from March 2012 to March 29, 2013, the Defendant posted approximately 624 category of “dymp cosmetics” using a computer at the office of “D”, which is an electronic commerce company operated by the Defendant on the five Yongsan-gu Seoul Yongsan-gu Seoul, using the said company’s website (E) and Internet shopping mall F, and sold samples by allowing consumers to select sampling cosmetics at the time of purchasing this product.

2. In addition, from June 2012 to October 2010, the Defendant posted approximately 484, such as “drampersing 46 copies” on the Internet shopping mall G site, using computers located in the place specified in paragraph (1), and sold sampling cosmetics in the same manner as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Prolong screen pictures of sampling cosmetics sold;

1. G Internet photographs;

1. The price of other company:

1. A certificate;

1. Investigative reports (Submission of written confirmation of public health centers);

1. Investigation report ( telephone conversations of public health centers, public officials);

1. Reporting on investigation (collection of evidence);

1. Investigation report (F.g., sampling cosmetics)

1. Application of Acts and subordinate statutes to report on investigation (report on verification of status of suspect operation);

1. Article 37 (1) and (2) and Article 16 (1) 3 of the former Cosmetics Act (Law No. 11014) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act is guilty of the provisional payment order.

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