Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who runs a general restaurant in the name of Yongcheon-si B, and a food manufacturing and processing business under the trade name of C at the same place.

No one shall indicate or advertise that functional health foods have efficacy for the prevention and treatment of diseases, or that such foods are likely to mislead or confuse as medicine, with regard to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of functional health foods.

Nevertheless, from December 25, 2012 to March 6, 2013, the Defendant: (a) installed facilities and lecture rooms to extract X-ray indoors for the purpose of selling health functional foods at the above “B” restaurant; and (b) induced older persons to sell equipment at 0,00,000 won for the purpose of selling such functional health foods; (c) opened the 20,000 won for senior citizens, including 11:30,00 and 70,000, and opened the 270,000,000 won for senior citizens, including 2,000,000 won for the purpose of selling them to 1,00,000 won for the purpose of selling them; and (d) opened the 2,000,000 won for senior citizens, including 2,000,000,000 won and 2,000,000 won for senior citizens, including 2,000,000 won and 74,0.

Accordingly, the defendant has indicated or advertised that functional health foods have efficacy in preventing and treating diseases, or that they are likely to mislead or confuse them as medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Each report on internal investigation (the pages, No. 26, No. 108 of investigation records);

1. Health photographs of health foods purchased by relevant witnesses;

1. Application of statutes on site photographs;

1. Article 1 of the relevant Act concerning criminal facts and the choice of punishment for health functional foods;