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(영문) 인천지방법원 부천지원 2013.09.11 2013고정1293
화장품법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells cosmetics in the name of "E" from 2-203 of the building D in Bupyeong-gu, Seoul Special Metropolitan City.

A seller of cosmetics shall not place any indication or advertisement likely to mislead himself/herself into thinking he/she is a medicine, or no indication or advertisement likely to mislead himself/herself into thinking he/she is a functional cosmetics;

1. Around January 2013, by inserting an advertisement “shampampoo and shampoo,” which is a cosmetic, on the Internet site, to “shampoo and shampoo,” which is a cosmetic, is called “the lowest discount sale of shampoo and shampoo, which is promptly raised,” and inserting any indication or advertisement likely to mislead the said product into being a drug;

2. During the period from March 13, 2011 to March 22, 2013, the Defendant publicizeds about 15 kinds of cosmetics, such as YONKzzer SPF40, 50, etc. on the Internet site (F) operated by the Defendant, including 'YOONKzer SPF40, 50,' was indicated or advertised that the above cosmetics are not functional cosmetics, even if they are not functional cosmetics, they may mislead themselves into functional cosmetics.

Summary of Evidence

1. Defendant's legal statement;

1. G Police Statements;

1. Investigation report (as to whether functional cosmetics are functional cosmetics)

1. Application of Acts and subordinate statutes to screen pictures by cutting off the Internet-faging site and Internet advertisement closure;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 37 (1), 13 (1) 1 and 37 (1) 3 of the Cosmetics Act that choose to impose a fine;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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