건강기능식품에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. The crime of this case in collusion with B, etc. makes an exaggerated advertisement as if the defendant had the ability to prevent and treat diseases, etc. against older persons, and sells products by promoting speculative spirit through the provision of free gifts, etc., which is not good, and the defendant has been punished three times for the same crime (two times in actual punishment, and one time in fine). In particular, the defendant was sentenced to imprisonment for a violation of the Health Functional Foods Act on June 24, 201, and repeatedly commits the crime of this case during the repeated offense period, and repeatedly commits the crime of this case during the repeated offense period, and the selling amount of the health functional food of this case is a maximum amount of KRW 5,230,00,000.
However, the defendant recognized all of the crimes of this case in the trial at the trial, and is in depth divided. The crime of this case was led by B, who is an accomplice, and the defendant was merely engaged in product promotion six times upon B's request, and its degree of participation is relatively minor. The defendant's profit derived from the crime of this case is merely about KRW 3,000,000,000,000,000 in the original judgment and the trial; the defendant refunded or returned to healthy food purchasers the sum of KRW 48,90,000 in the original judgment and the trial, thereby recovering most of the damages; the healthy food of this case was normal products that had no problem such as ingredients; the defendant must support his family; the most important thing is that the defendant must support his family; the balance of sentencing with B, accomplice, and the defendant's age, character and behavior, environment, motive, means and result after the crime of this case; and the defendant's punishment is too unfair, considering the various conditions of sentencing under Article 51 of the Criminal Act.