A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall sell cosmetics using raw materials that cannot be used in cosmetics or manufacture cosmetics by using raw materials that cannot be used in cosmetics for sale.

The defendant is a person who operates C, a manufacturer of cosmetics in the Cheongbuk-gu Office B.

On September 6, 2013, the Defendant produced “D” cosmetics at the said company for sale, and manufactured “D” cosmetics from July 29, 2009 to September 6, 2013, using “D” as a raw material that cannot be used for cosmetics in a way of using 10g per 10g per 100g of the above cosmetics capacity, and manufactured “D” cosmetics from around July 29, 2009 to around September 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including E statements);

1. A statement prepared in F;

1. Accusations or accusationss of companies violating the Cosmetics Act;

1. A photograph keeping a product standard form, a production process record, a inventory receipt book, a merlene clockic material;

1. Photographs related to the recovery of finished products;

1. Application of Acts and subordinate statutes on investigation reports (public notification of prohibited materials, file of records, confirmation of harmfulness, etc.);

1. Relevant laws and Articles 36(1)3 and 15 subparag. 5 of the former Cosmetics Act (amended by Act No. 12497, Mar. 18, 2014) regarding criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing) was that the defendant operated the company from around 1999 to operated the company and was not subject to administrative punishment, including administrative fines, from the Korea Food and Drug Administration. The defendant did not have any history of criminal punishment since 2000, and the ethylenechloro was not directly identified by the human body. However, it was determined that there was a risk of cancer substances and was designated as a prohibited material.