All the judgment below is reversed.

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

The above fine is imposed against the Defendants.

1. In full view of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the changed facts charged can be found guilty.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. The prosecutor who made an ex officio reversal of the facts charged in the instant case was at the trial, and applied for the amendment of a bill of amendment to the indictment as stated in the facts charged subsequent to the trial. Since the subject of the trial was changed by this court, the judgment of the court below was no longer maintained.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the prosecutor, and the judgment is again ruled as follows.

Criminal facts

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 efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to mislead or confuse as medicine or health functional foods.

Nevertheless, from June 5, 2013 to June 19, 2013, the Defendants conspired to offer E publicity centers in Daegu-dong-gu D, Daegu-gu, and sold to the elderly, the elderly, the elderly, and the elderly, and the elderly, as if they have medicinal efficacy on pre-fe-feit lines, knenenee-free certificates, high blood pressure, skin disease, liver, disc, etc. while selling food, and selling the amount of KRW 21,131,00 to the elderly, the elderly, and the elderly.

As a result, the Defendants conspired to advertise that the name, manufacturing method, quality and nutrition labelling, genetically modified foods, etc. and food traceability labelling may have efficacy or effect in preventing and treating diseases, or may mislead or confuse them as medicine or health functional foods.

Summary of Evidence

1. Defendant B’s oral statement in the court below

1. Defendant A’s partial statement in the original trial

1. Defendant B and A