The defendant is innocent.

Even if it is allowed in light of its contents, it is not a false or exaggerated advertisement prohibited under the Food Sanitation Act.

The sentence of the court below (7 million won) against the illegal defendant in sentencing is too unreasonable.

Judgment

The summary of the facts charged is that the Defendant operates the “C” located in Chungcheongnam-gun, Chungcheongnam-gun and used as the raw material “D’s seller of goods,” E is employed by the Defendant and worked as an instructor, and the customer who found the place is employed by the Defendant, and F is a person in charge of accounting, and G, and H is a person whose product is advertised as an instructor.

No person shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, etc. of foods, etc. has efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to mislead or confuse them as medicine or health functional foods.

Nevertheless, the defendant et al. found the above "C" office around October 18, 2016, and approximately 45 persons, including I, J, and K, who were customers, such as the defendant et al., "I, J, and K, are suitable for the blue blusium closure certificate, and the flusium removal is effective and appropriate for the blusium flusium flusium.

"D" is mixed with the concentration of ginseng retail and the concentration of four belles, and if you drink it, blood pressure is lowered, the Alley No. 5 is prevented, and the blood transfer is clear.

“D” on the advertisement, sold a large amount of KRW 7.20,00,000 and a medium amount of KRW 3.60,000,000 in total, from April 7, 2016 to October 23, 2016, “D” products equivalent to KRW 379,265,00 in total.

Accordingly, the defendant has the efficacy and effect of disease treatment in collusion with F, G, and H.