1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

The Defendant is a person who operates a mutual cosmetic manufacturing business with the trade name “C” in Incheon Strengthening Forces B.

1. A person who intends to distribute or sell unregistered cosmetics shall register such cosmetics with the Minister of Food and Drug Safety as a seller;

Nevertheless, the Defendant, without being registered as a cosmetics dealer at the Food and Drug Safety Center, sold to an unspecified number of consumers via its own website (D) the 1,298 small and unspecified sets, “non-lopped bathing and bathing 1” belonging to bathing products, which are the types of cosmetics manufactured from February 2, 2012 to July 30, 2014.

2. No manufacturer or seller of functional cosmetics shall place any indication or advertisement likely to mislead himself/herself into thinking he/she is not a functional cosmetics;

Nevertheless, at the time and place specified in paragraph (1), the Defendant sold the brupt 1, which is a simple bathing product, on the Internet homepage, at the time and place specified in paragraph (1), and posted on the Internet homepage the advertisement phrase “Nelin Mellaine scisfing off,” stating that the Defendant’s function of the product “Helin scisfing off,” thereby preventing the selin from being infected, and maintaining the check clean and brued skins by preventing the generation of anti-defluence or main shoulder.”

Accordingly, the defendant advertised that is likely to misleadly recognize cosmetics which are not functional cosmetics as functional cosmetics.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written accusation and accompanying documents, investigation reporting Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 36 (1), 36 (1), the former part of Article 3 (1) (a point of non-registered cosmetics sale), Articles 37 (1) and 13 (1) 3 of the Cosmetics Act (a point of a misleading advertisement of functional cosmetics);

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

1. Articles 70 (1) 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.