Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetic materials, cooperatives, foods, etc. and food history tracking and management labelling, food nutrition, raw materials, ingredients, uses, etc., with respect to the prevention and treatment of diseases, or that there is efficacy or effect in the prevention and treatment of diseases or that there is a possibility of misunderstanding or confusion as medicine or health functional foods.

However, C, D, E, and F, along with the Defendant, sold a situation mushroom to approximately 20 older persons in the third floor of the building in the north-gu G building at the port of port on December 31, 2014, at around 15:00 on December 31, 2014, at around 200, while selling a situation mushroom, the Defendant is also good for “this is good for the weather, tent, crym, urine, and blood pressure at the math of the math, e.g., e., e., e., e., e., e., e., e., g.,

“ 300,000 won per gambling and the total market value of 3.3 million won per gambling, selling mushrooms in the current status of KRW 3.3 million.

As a result, the Defendants conspired to indicate or advertise that they could have efficacy or effect in the prevention and treatment of diseases, or that they could be mistaken or confused as medicine or health functional foods.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against D, E, F, or C;

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

1. Determination as to the defendant and defense counsel's assertion of internal investigation report (Vin the situation of purchase by I), five photographs, five copies of books, leaflets, copies of sales ledger, and investigation report (afinite addition to L in the situation of a mushroom purchased)

1. The alleged defendant and his defense counsel merely notified the method of ordering and the method of drinking sing, etc., and notified C, etc. of advertising the same contents as the instant case, or advertised the same contents as above.

Even if the contents of the advertisement, such as the statement in the facts charged, do not constitute "an indication or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine," which is punished by the Food Sanitation Act.

The argument is asserted.

2. Determination

(a) “Food” under the Food Sanitation Act is “all.”