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 engages in communications sales business and functional health foods sales business under the trade name of "C" in 506 in Gyeyang-gu Seoul Metropolitan City B building 506.

No one shall indicate or advertise that the name, quality, etc. of foods, etc. has efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to mislead or confuse them as medicine or health functional foods.

Nevertheless, around December 2, 2012, the Defendant advertised “D” as a general food on one side of the sports assistance line, which is a daily newspaper, with the content of “D, can completely recover from 98,000 won.” As such, the Defendant advertised “catherter 98,00 won” (i.e., urology, blood pressure, physical sex improvement, playn effects appearing seven days after clothes, chronic caturology, treatment of lost men’s ability, recovery of lost urology, and improvement of urology” (i.e., from around that time to March 28, 2013), and published an advertisement with the content that “D” may have efficacy or effect on the prevention and treatment of diseases at least eight occasions, such as in the daily list of crimes, or that there is a possibility of misconception or confusion as medicine or health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing newspapers, advertisements and photographs;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;