A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by 1.5 million.

The above fine shall not be paid by the Defendants.

No one shall make an exaggerated advertisement that has efficacy or effect in preventing and treating diseases with respect to functional health foods, or that is likely to mislead or confuse such foods as medicine.

Nevertheless, Defendant A cited the broadcast contents broadcasted in the program, such as YTN News and SBS Health Care Social “E” to sell the “E” registered as D with the Food and Drug Administration as a system for improvement of memory, and produced advertising CDs in the form of a fake program and provided them to purchasing companies with the content of “E”, such as “E is subject to dementia prevention and treatment, strokes, strokes, and strokes, and strokes health,” and sold KRW 104,00 won per gambling, around June 28, 2012, Defendant A sent Defendant B, an advertising instructor, to the KF G’s Medical Experience Center operated by Suwon-gu, Suwon-si, and provided the product purchasers with the strong content of “E” with the effect of preventing and treating dementia from being recorded in the 350,000 won at the same time and at the same time, from 20,000 won to 350,000 won.

Accordingly, in collusion with G, I, J, K, L, M, N, andO, Defendants made an exaggerated advertisement that could have efficacy or effect in preventing and treating diseases on functional health foods, or that could cause mistake or confusion as medicine.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against I, N,O, L, K, M, J, and G;

1. Statement of the police about P;

1. Application of the Acts and subordinate statutes on the CDs and screen photographs, records of seizure, and the list of seizure;

1. Subparagraph 4 of Article 44 and Article 18 (1) 1 of the Health Functional Foods Act concerning criminal facts, Article 30 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.