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Defendant
A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. The Defendant is a person who operated the F Publicity Center in Busan Jung-gu from June 1, 2012 to August 2012, 2012; from November 201 to December 2012, 201, from the second floor of D Buildings in Busan Dong-gu; from March 19, 2013 to May 29, 2013, Defendant A operated the F Publicity Center in Busan Seo-gu E.
No one shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of functional health foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to mislead or confuse as medicine.
Nevertheless, around July 2012 to August 8, 2012, the Defendant sold F Publicity Center located in Busan Jung-gu and F Publicity Center located in Busan Seo-gu, and among the senior citizens visiting stores, on March 2013, the Defendant explained to the effect that “G” was “I have the efficacy to mitigate stimulated salt, salt, and stimulsion,” and made an exaggerated advertisement that could lead to confusion with health functional foods as medicine.
(b) No one shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, etc. of foods, etc. has efficacy or effect in preventing and treating diseases, or that such labels or advertisements are likely to mislead or confuse them as medicine or health functional foods;
Nevertheless, from July 2012 to May 2013, the Defendant made an advertisement with the content that “H” is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse as medicine or health functional foods, by explaining that “the Defendant sold the said red beverage food at the F Publicity Center and against senior citizens visiting the store,” “H” and “it has efficacy to remove climatics, remove climatics, and recover climatic efficacys.”
2. Defendant A and Defendant B’s co-offenders offered places and sold as a business owner of F Publicity, and Defendant B conspireded to take charge of the supply of melting materials, packing, and public relations.
(1) Any person;