A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

1. Violation of the Functional Health Foods Act;

(a) No business operator who sells functional health foods shall promote speculative spirit, such as selling examples or offering free gifts, and sell products;

From May 28, 2013 to August 21, 2013, the Defendants conspired to sell functional health foods by dividing the right to exchange goods from the underground floor of the D apartment shop in Yeongdeungpo-gu Seoul Metropolitan Government to many unspecified customers, providing them with air conditioners or free gifts, and selling 100 of the market price equivalent to KRW 3 million in total.

(b) No one shall place an indication or advertisement that has the efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine, with regard to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, traceability of functional health foods, etc.;

The Defendants conspired to sell health functional foods, such as “Mimera-3” 100 items at the same time and place as indicated in the above paragraph (a), and advertised many unspecified customers to the effect that “Mimera-3 products provide blood to brain functions and have special effects to revitalize brain functions.” The Defendants placed labeling and advertising that health functional foods may have efficacy or efficacy in preventing and treating diseases, or cause confusion as medicine.

2. Any person who violates the Food Sanitation Act shall not place any indication or advertisement that is likely to have efficacy or effect in the prevention and treatment of diseases with respect to the indication of food traceability as to the name, manufacturing method, quality, and quality of food, etc., or to mislead or confuse pharmaceutical products or health functional foods, in collusion with the Defendants, at the date and time and place indicated in the above paragraph (1) above, and at the place of sale of 179 feet equivalent to the total market price of 69,810,000 won to many unspecified customers.