The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As an investigative agency seizes relevant articles of evidence at the scene of an offense without a warrant, and obtained a warrant without delay thereafter, the search and seizure of this case would follow lawful procedures.

Therefore, all the evidence collected based on the search and seizure should be admissible as evidence.

B. Since the police’s statement in J against the police is unclear and its credibility is guaranteed, the admissibility of evidence should be recognized in accordance with Article 314 of the Criminal Procedure Act.

(c)

In full view of the evidence submitted by the prosecutor, the fact that the defendant has sold functional health foods can be fully recognized by promoting speculative spirit, such as providing a good example or free gift.

2. Facts charged and the summary of the judgment below

A. The summary of the facts charged is that Defendant B (hereinafter “Defendant Company”) is a corporation with the purpose of manufacturing and selling functional health foods, and Defendant A (hereinafter “Defendant”) is the representative director of the Defendant Company.

1) No person engaged in the sale of Defendant A’s health functional foods shall promote a speculative spirit by providing prizes or free gifts to sell products.

Nevertheless, from November 14, 2012 to December 22, 2012, the Defendant, from around 14, 2012, experienced at the “E” experience Da, 3rd floor, and given to many and unspecified visitors visiting the said site free of charge, and recruited customers by providing salt, rain, inner clothes, etc., and sold products of functional health foods in the aggregate amount of KRW 60,040,00,00,000, and “Amam-mar pel.”

As a result, the Defendant promoted speculative spirit by providing prizes or free gifts, thereby selling products.

2) Defendant B’s representative director is the Defendant Company B.