1. The defendant shall be punished by imprisonment for six months and a fine of ten thousand won; and

2. Where the defendant does not pay the above fine;

Punishment of the crime

The Defendant is a person who sells functional health foods with the trade name “C” in 402 of the building B in Gyeongnam-si Kim Jong-si.

A person who intends to sell functional health foods shall have facilities for each place of business and report it to the competent authority having jurisdiction over the location of the place of business.

The Defendant did not report the business of selling health functional foods to the competent authority on January 9, 2016, and sold 1,4750,000 won, including selling 1,475,00 won, including 5,00 won, from January 1, 2016 to February 2016, the Defendant sold 8,00 won, “Omera 3,00,000 won,” “Omeri 3,750,000,000 won,” “Omeri 3,000,000 won,” “Omeri 2,000,000,000 won,” “Omeri 4,000,000 won,” and “Omeri Mai Mai 2,000,000 won,” to D, from January 1, 2016 to February 20,

Accordingly, the defendant did not report the business of selling functional health foods to the competent authorities, and sold functional health foods.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to E;

1. Subparagraph 1 of Article 44 and Article 6 (2) of the Health Functional Foods Act (limited to both imprisonment and a fine) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [public prosecutor's opinion] 1 year of imprisonment and fine 10 million won (decision of sentence ] imprisonment with prison labor for 2 years of suspension of execution, fine 10 million won and repeated crimes committed several times of criminal records, and the defendant's mistake is recognized, and other conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc.