2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects it, the primary crime, and the benefits that the defendant acquired from the crime of this case are insignificant.

However, the legislative purport of the Food Sanitation Act intending to contribute to the promotion of national health by preventing sanitary harm caused by food, promoting the qualitative improvement of food nutrition, and providing correct information on food, and the crime of this case is not deemed unfair because the general food is labeled and advertised as functional health foods and thus, the quality of the crime is bad. The period of the crime of this case is considerably long, there is no change in circumstances that may change the punishment of the court below, and all other factors on the records and changes of the punishment of this case, including the defendant's age, sex, environment, the circumstances leading to the crime of this case, means and results, and the situation before and after the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.