A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is a person who operates a medical device experience promotion center in the form of “mix-type” under the name of “C” in the name of “C.”

A person who intends to sell health functional foods shall be equipped with facilities meeting the criteria prescribed by Ordinance of the Prime Minister, and the head of the competent authority having jurisdiction over the location of the place of business shall report the sale of health functional foods to the competent authority, but the defendant, without reporting the sale of health functional foods, sold the UN-PS 159 disease (around 7,3540,000 won) to the elderly from the Experience Publicity Officer from March 2016 to April 2016.

As a result, the defendant was engaged in the business of selling functional health foods without reporting the business of selling functional health foods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Each police statement made to F, G, and H;

1. Each written statement of I, J, K, and L;

1. Civil petitions for national questioning;

1. A copy of a report on internal investigation (joint control) and a publicity official's control photograph, collection certificate, copy of books, business registration certificate, etc., request for investigation cooperation and replies, accelerator-PS explanatory note, account transaction details, books and pocketbooks;

1. Application of Acts and subordinate statutes to each investigation report (verification of manufacture and distribution of accelerator), (verification of manufacture and sale places), (Attachment to Materials), and (Attachment to Materials);

1. Article 44 subparagraph 1 of the relevant Act on Health Functional Foods for Criminal Facts and Articles 6 (2) of the same Act;

1. Selection of alternative imprisonment with prison labor (the same type of punishment of the accused, the scale and duration of the business, etc.);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;