Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who sells “D” with the trade name “C” in Gyeonggi-si B.

No one shall indicate or advertise that the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or food traceability labeling or advertising with the content that such foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to be mistaken or confused as medicine or health functional foods.

Nevertheless, from November 2012 to July 2013, the Defendant installed a gambling room at around approximately 40 places, such as the Gyeonggi-gun and Southern-si roads near the Namyang-si in order to sell “D,” etc., and placed false and exaggerated advertisements with the content that “The Defendant had the effect of drinking foods such as brain flasing, high blood pressure, disguised flasing, low flasing, etc.” on the following means: (a) the Defendant placed a false and exaggerated advertisement with the content of the experience machine on which the content of “the Defendant had the efficacy and effect in the prevention and treatment of diseases, or is likely to mislead or confuse them as medicine or health functional foods.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Seizure records;

1. Areas for D public relations;

1. Application of Acts and subordinate statutes to investigation reports (for example, attaching books for experience);

1. Article 97 Subparag. 1 of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013); Articles 13(1) and 13(1) of the same Act regarding criminal facts; the choice of fines

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;