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(영문) 대구지방법원 2018.12.06 2018고정854
화장품법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells cosmetics under the trade name of "C" in Daegu Northern-gu B.

No one shall sell manufactured or imported cosmetics to be tested and used by consumers in advance for publicity, sales promotion, etc. of products which are not for the purpose of sale.

Nevertheless, from February 1, 2018 to April 30, 2018, the Defendant sold sampling cosmetics to consumers in name in the way of referring to 'fluencing cosmetics', if purchased at prices set at KRW 5,000 to KRW 11,00, 11,000, which are set at KRW 11,00 from the 11th Internet shopping mall site, as title.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on accusation of violators of the Cosmetics Act (including additional materials);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 37 (1) and 16 (1) 3 of the Act and selection of fines for selective cosmetics;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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