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(영문) 울산지방법원 2020.10.29 2020고정595
화장품법위반
Text

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

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

Reasons

Punishment of the crime

No person shall indicate or advertise any cosmetics which are not functional cosmetics in a manner different from the results of the examination of safety and effectiveness of functional cosmetics, or in a manner different from that of functional cosmetics.

Nevertheless, around November 13, 2019, the Defendant advertised the above product by editing and posting “B(C)” (not functional cosmetics) on the Internet site “B(C)” with the content that the Defendant advertised the product “in advertising the product,” with the content that the head carcs in the “product information column” was cut down, and the Maer’s hair was boomed, and the Maer’s hair was boomed.” The Defendant advertised the product by editing and posting the above product.

Accordingly, the defendant made an indication or advertisement that is likely to misleadly recognize cosmetics which are not functional cosmetics as functional cosmetics.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts that even if the latter was included in the product information description, it does not constitute a crime of violation of the Cosmetics Act, since it does not amount to the degree that the person seeing it would be mistaken for functional cosmetics.

However, according to the evidence duly adopted and examined by this court, the whole content of the "products information" column is an image file including the product form, characteristics, images for explanation, and post-products, and its image file contains the phrase "abscambling the growth period by changing dubs," "abscam activity cooperative suitable for the scambs," and "abscaming function strengthening," and it is acknowledged that there are several purchases after the original purchase as stated in its reasoning. Thus, even if the purchase period after the original purchase is transferred by reproducing the original user's language, it is also deemed that the original purchase period was transferred by copying it as it is.

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