However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant is a person who operates the Eunpyeong-gu Seoul E building “F” in Seoul.

No one shall indicate or advertise any functional health foods differently from facts or exaggeratedly in relation to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, etc.

Nevertheless, from around December 2015 to October 11, 2016, the Defendant advertised, at the F Office of the F Company, to Chinese tourists and Thailand tourists, “G” (in the event of mixing and mixing mix C components) which is functional health foods (in the case of inserting lin tree tex extraction powder, non-samin C components), as a chemical action, a phenomenon in which sediative components are separated from chemical action, and in the case of taking the above product, the Defendant advertised, within the human body, that the human body separates and sediative substance harmful to inters, etc., such as the above phenomenon.

However, even if the above "G" is used, there was no function such as separation, sedimentation, decomposition, etc. of harmful substances, such as as as in the time of combustion.

Defendant sold health functional foods worth KRW 524,69,404, which are different from facts or exaggerated advertisements.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A protocol of seizure and a list of seizure;

1. Certificates of reporting the manufacture of items of functional health foods, and the application of statutes on photographs;

1. Relevant Article 44 subparagraph 4 of the Health Functional Foods Act and Articles 18 (1) 2 (including inclusive) and Article 18 (1) 2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing the punishment of Article 48(1)1 of the Criminal Act is to distort the distribution order by falsely or exaggeratedly publicizing the efficacy of functional health foods, and to distort the consumer's trust in functional health foods.

However, there is no criminal history other than once a fine is imposed on the defendant, and the products subject to this sale are legally manufactured and legally manufactured.