A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc., or food traceability labeling or advertising with the effect of efficacy in preventing and treating diseases or that such foods, etc. may cause confusion as medicine or health functional foods.

The Defendant, a person engaged in wholesale and retail business, such as agricultural products, health functional food, etc. with the trade name of “C” in Gwangjin-gu, Seoul. From December 3, 2014 to March 2015, the Defendant advertised food advertising “E (typed and other processed products extracted)” in D newspapers, etc., and applied for free experience to “Drick, fluor, fluor, and fluor, so as to strengthen the power of cutting down, and enhance the physical strength: Pluor, or the blood wave flow, head, fluor, and fluorial pressure is high, high, strong, strong, fluorous, fluorous, eluorous, eluorous, so that it is difficult to use the fluor, eluorous, eluorous, eluorous and eluorous, eluorous, eluorous by frequent fluor, and so forth.”

As a result, the Defendant indicated and advertised that the above food is effective and effective in preventing and treating diseases, or that it is likely to confuse it as medicine or health functional food.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing administrative notification to companies violating the Food Sanitation Act, such as D advertising, the current status of sales of products related to yellow, products printed out of products;

1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.