Nevertheless, around July 7, 2010, at the office of the defendant's main office located in Yeongdeungpo-gu Seoul Metropolitan Government and 202, the defendant advertised as if he had a capsule, "one-person", which is merely a general food, not a health functional food, manufactured by using functional ingredients or ingredients useful to human body, from the defendant's main office located in Yeongdeungpo-gu Seoul Metropolitan Government and 202, and sold the above "one-person" 60,000 won in cash from E.

2. Article 3 subparag. 4 of the former Act on Health Functional Foods (amended by Act No. 11508, Mar. 23, 2013; hereinafter “Act”) provides that “advertisement” means an act of indicating or informing information about health functional foods through radio, television, television, newspapers, magazines, voice, sound, visual images, Internet, printed materials, signboards, or by other means.” Article 16(1) of the Act provides that “any person who intends to indicate or advertise functionality of health functional foods shall undergo deliberation in accordance with the criteria, methods and procedures for deliberation on health functional foods as determined by the Minister of Food and Drug Safety,” and Article 26 of the Act provides that “other than health functional foods, it shall not include any indication or advertisement that is likely to mislead any misunderstanding that there is food nutrition, physiological functions and effects on the structure and function of the human body.”