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

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

Punishment of the crime

Defendant

A is the representative of the 'D' representative of the cosmetic sales company that sells functional cosmetics by receiving functional cosmetics from the KEM method.

No seller of cosmetics shall make any indication or advertisement that is likely to deceive or mislead consumers.

Nevertheless, on March 23, 2016, the Defendant posted an advertisement "C, a functional cosmetic," within the office located in the Busan Northern-gu, Busan, on the Internet website (F) operated by the Defendant, on the following grounds: (a) as a result of the comparison test, the maximum of 10 kinds in Korea of brand 10 kinds in brand 20 kinds and C, which are less than 30% of C’s in terms of the concentration rate of raw materials; and (b) "C, more than the single product of domestic well-known cosmetics, has a effect of more than 00 times in total."

Accordingly, the defendant has advertised that is likely to deceive consumers or mislead consumers.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on materials, such as C advertisements;

1. Relevant legal provisions concerning facts constituting an offense and Articles 37 (1) and 13 (1) 4 of the Cosmetics Act (Selection of Fines);

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

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