The defendant's appeal is dismissed.

Summary of Grounds for Appeal

It is true that the defendant misunderstanding of facts or misunderstanding of legal principles posted a statement on the website as stated in facts constituting an offense in the original judgment, but the original court erred by misunderstanding of facts or misunderstanding of legal principles for the following

It is difficult to view that the Defendant’s writing posted is likely to mislead or confuse “G” as medicine or health functional food.

According to the result of the analysis of ingredients in the medical academic circles and the Hagum Group, "G" had the efficacy of the urine therapy, and thus, advertising such contents did not think that it was illegal, so there was no perception of illegality.

The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

Judgment

In a case where the contents of the legal principles related to determination of mistake or misapprehension of legal principles include the indication of food or the advertisement of food that has the effect of treatment or prevention of a specific disease, such indication or advertisement shall be deemed to constitute an indication or advertisement that may cause confusion with the medicine.

(Supreme Court Decision 2006Do2034 Decided June 2, 2006). However, it is not deemed that the Food Sanitation Act prohibits all labeling and advertising of the pharmacological efficacy of food. Thus, even if such labeling and advertising are made, it should be viewed that such labeling and advertising is permitted if it is identical to labeling and advertising of the effect that it is incidental to food or appears as a result of taking nutrition within the essential limit of the efficacy of food.

Ultimately, the relevant provisions should be interpreted as regulating only advertisement and advertisement that directly and mainly aims to treat and prevent specific diseases with regard to food, etc., and that it regulates consumers as a medicine. In addition, any advertisement and advertisement that cause them to be confused with medicine is likely to be confused with medicine beyond the limit as food advertisement.