Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No one shall make any false, exaggerated, or negative labelling or advertising that contains efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine, with regard to the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of health functional foods, and no person who intends to indicate or advertise the functionality of health functional foods shall obtain any indication or advertisement of health functional foods as determined by the Minister of Food and Drug Safety, or use any indication or advertisement of contents different from those subject to deliberation.

Nevertheless, from January 17, 2015 to April 18, 2015, the Defendant, along with D, advertised H(1, 2, and 3 parts), which is a health functional food produced in F Co., Ltd. 1409 in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and F Co., Ltd., Ltd., Ltd., F Co., Ltd., as an Internet advertising agency, through I, an Internet advertising agency, “the verified male sex function treatment unit, male piter, and electric power failure: the disease code F52.2 (Korean Standard Disease and Private Person Classification)” without undergoing deliberation by the Minister of Food and Drug Safety. The Defendant displayed and advertised H(1, 2, and 3 parts) which is a health functional food.

As a result, the defendant conspired with D to indicate and advertise health functional foods that are likely to have efficacy and effect in preventing and treating diseases, or to mislead or confuse them as medicine. At the same time, the defendant displayed and advertised health functional foods without undergoing deliberation by the Minister of Food and Drug Safety.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Advertisements (H) normal advertising materials and products (H illegal advertisements);

1. Notice of the results of deliberation on functional indications and advertisements, or notification of change in the indication of functionality or advertisements;

1. Request for cooperation in investigation (I advertisements and details of deposits) and attached materials;

1. A report on internal investigation (written notice of deliberation on H Advertisements and relevant statutes);

1. Previous convictions in judgment: The District Court of Speaker.