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(영문) 울산지방법원 2020.10.29.선고 2020고정595 판결
화장품법위반
Cases

2020 Fixed 595 Violation of the Cosmetics Act

Defendant

Principal Defendant, 80-years, South and North Korea, and Company Board

Housing Yangsan City

Reference domicile

Prosecutor

The effect of prosecution, the delay in gambling, and the public trial;

Imposition of Judgment

October 29, 2020

Text

The defendant shall be punished by a fine of one million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

No person shall indicate or advertise any cosmetics, other than functional cosmetics, in a manner likely to mislead him/her into thinking such cosmetics are functional cosmetics, or in a manner different from the results of the examination of safety and effectiveness of functional cosmetics.

Nevertheless, at around November 13, 2019, the Defendant advertised the product by inserting ‘(O)' other than functional cosmetics on the Internet site ‘htp:/sartsgore.naver.com/Omission)' (O) on a man’s product, and inserting the 'product information' on the product' column, and the 'welves of 'Ilves of 'Ilves' and 'Ilves of 'Ilves of htp:/Sartsgor.', the Defendant advertised the product by editing the above product after the purchase of the product.

Accordingly, the defendant made an indication or advertisement that is likely to misleadly recognize cosmetics which are not functional cosmetics as functional cosmetics.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement of 00 statements;

1. Each investigation report (the defendant argues that even if the latter was included in the description of product information, it does not constitute a violation of the Cosmetics Act since it does not reach the level of misunderstanding that the latter was ordinarily functional cosmetics. However, according to the evidence duly adopted and investigated by this court, the entire content of the "advertising Product Information" column is a product type, characteristic, image file for explanation, and image file including the crypt, and its image file changes the growth period by changing the cryp, 's cryp activity combination', 'dup activity strengthening', and 'dup function strengthening' as stated in its reasoning. The defendant's assertion that the purchase period included the cited screen after the purchase period as stated in its reasoning also includes various purchases, but it is sufficient to accept the defendant's 's crypheric function or improvement of the cryp function of the product directly by the defendant in terms of extracting and editing the product effect even if the purchase period was done by reproducing the user's writing as it is, it is sufficient that the defendant's crypheric function or improvement of the product.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Cosmetics Act (Selection of Fines) Articles 37(1) and 13(1)2 of the Cosmetics Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges fixed-term

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