A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates D Co., Ltd., a functional health foods sales business entity in Bupyeong-si, Nowon-gu, Seoul, 402.

No business operator shall sell or display or keep products, the distribution deadline of which has expired, or use such products for the purpose of sale or sale, or sell products by promoting speculative spirit, such as selling examples or offering free gifts, and shall sell, or manufacture, import, use, store, transport, preserve, or display for the purpose of sale, functional health foods which do not meet the standards and specifications.

1. On April 4, 2013, the Defendant: (a) entrusted or manufactured products of “red ginseng”, which are functional health foods containing typhines, which cannot be used for functional health foods, to E Company; (b) subdivided the products of “red ginseng” into 10,000 won by 140,000 won, at a small plastic box where no functional health foods are marked; and (c) sold the said products of “red ginseng” in total from January 14, 201 to April 4, 2013, by 24,000,000 won.

2. On January 10, 201, the Defendant sold a health functional food amounting to KRW 375,00,00, including “Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sye-Sy-Sye-Sye-Sye-Sye-Sy (hereinafter “Sye-Sye-Sy”) to G as a sale example.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes to each investigation report (including the part attached to an appraisal report, etc.);

1. Article 44 subparagraph 3 of the relevant Act on the Punishment of Health Functional Foods and Articles 10 (1) 4 of the Act on the Selection of Punishment of Health Functional Foods (the point of sale of the promotion of speculation), and Article 10 (1) 4 of the same Act