(a) "Advertisements likely to confuse foods with medicine" prohibited under Article 13 (1) of the Food Sanitation Act means the act of indicating or informing the names, manufacturing methods, quality, nutrition, raw materials, ingredients or use of foods, etc. through radio, television, newspaper, magazine, music image, printing materials, signboards, Internet or other methods.

The Defendants’ form of sales is apparent that it does not fall under the radio television newspaper, magazine, music video, printed material, or Internet, prohibited under the said provision, and the turf is not deemed to have engaged in the “advertisement” corresponding to the methods listed in the said Act.

B. Even if the Defendants are found guilty of unfair sentencing, the lower court’s punishment against the Defendants (a fine of two million won) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013; hereinafter “Act”) of the relevant provisions is deemed to be “Act”.

Article 97 Subparag. 1 of the Act provides that a person who violates Article 13(1) shall be punished. Article 13(1)1 of the Act provides that “No person shall place any indication or advertisement that has the efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine or health functional foods with regard to the denomination, manufacturing method, quality and nutrition labelling, genetically modified foods, etc., and the indication of food traceability.” Article 97(2) of the Act provides that “No person shall place any indication or advertisement that is likely to mislead or confuse as medicine or health functional foods,” and Article 8 of the Enforcement Rule of the Act (amended by Ordinance of the Prime Minister No. 1080, May 9, 2014) provides that the scope of false labelling and exaggerated advertisements under Article 13 of the Act shall be prescribed by Ordinance of the Prime Minister.