A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 In addition to the fact that the Defendant received a summary order of KRW 700,00 from the Seoul Northern District Court on August 12, 2015, a fine of KRW 700,000 for a violation of the Cosmetics Act, the Defendant has more than three times the same criminal records

【Criminal facts】 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.

The Defendant sold cosmetics with the trade name “C” from October 1, 201 to November 30 of the same year, and sold “E” through a website (D) from around October 1, 2015 to around November 30 of the same year, and posted “F” and “F” with a picture comparing the size of chest.

However, the above cosmetics are general cosmetics, not functional cosmetics, and despite the absence of objective verification of efficacy, the above cosmetics are labeling or advertising that could mislead consumers as the chest is growing.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Details of advertisement;

1. Previous conviction: Application of Acts and subordinate statutes, such as a reply letter to inquiry and a summary order to commit the same kind of crime;

1. Relevant Article 37 (1) and 13 (1) 3 of the Act concerning criminal facts, selective cosmetics subject to punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order, commits the instant crime even though the same criminal records had already been four times or more, and the Defendant’s continuing to conduct business and thereby, is also highly likely to repeat the crime.

Considering the facts shown, the criminal liability of the defendant is not less than that of the defendant.

However, the defendant's mistake when committing the crime of this case is divided, and the defendant has no record of being punished as a suspended sentence or more, and the age and age of the defendant.