A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates an online shopping mall with “C”.

No person who violates the Food Sanitation Act shall place any false, exaggerated, or exaggerated labelling or advertisement with regard to the name, manufacturing method, quality, nutrition labelling, genetic re-cooperative food and food history tracking management.

Nevertheless, on November 3, 2014, the Defendant, through a website (D), advertised food products with the main ingredients and efficacy column, such as “any outstanding effect on Puluri-Stopology, outstanding emissions from body promptly, NAM-top-topine therapy infection, NAM-hym therapy therapy infection, pentlle-hymosis therapy therapy therapy therapy, and pentlle-hym disorder mitigation and maternity.” As a result, the Defendant advertised food with the main ingredients and efficacy column, thereby making an advertisement likely to confuse it with medicine.

(b) No person who violates the Health Functional Foods Act shall make any false or exaggerated indication or advertisement on the name, raw materials, manufacturing methods, nutrients, ingredients, method of use, quality, etc. of health functional foods;

Nevertheless, on November 3, 2014, the Defendant sold functional health foods, etc. through the Internet site (D), posted false and exaggerated advertisement phrases on the said Internet site to the effect that the Defendant may confuse the products of New Daily with medicine, such as “the control of active acids, the control of chlodrosising and chlodrosis diseases, the control of cardio-mathic diseases, the control of cardio-mathic diseases, the suppression of anti-mathic depression, the reduction of cardio-mathic pressure and sub-mathic diseases after childbirth,” etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (C business registration certificate);

1. Article 94 (1) 2-2 of the Food Sanitation Act, Article 13 (1) 1 of the same Act (which means the false or exaggerated advertisement of general food), Article 43 (1) 2 of the Health Functional Foods Act, and Article 18 (1) of the same Act concerning criminal facts;