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Defendant
A A A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for six months.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
1. No one shall indicate or advertise that the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality of health functional foods, etc. of the Defendants are efficacy or efficacy in the prevention and treatment of diseases, or that such foods are likely to be mistaken or confused as medicine, with respect to the names of health functional foods, and the names of health functional foods;
A. From Jun. 2013 to Aug. 2013, the Defendants conspired to sell the amount equivalent to KRW 1340,000,00 from “E” located in Busan Southern-gu, to “E”, which is functional health foods, “health365” and “health365 is a medicine that is treated at the age and is treated for the open pipe, and is an effective medicine in the pipe.” The Defendants made a false and exaggerated advertisement by saying “propool lease is a medicine that is treated at the age and is treated for the open pipe.”
B. From October 2013 to November 22, 2013, the Defendants conspired to sell “propool lease” equivalent to KRW 7.2 million, which is functional health foods, within the “E” located in Busan Y, and made a false and exaggerated advertisement as referred to in the foregoing paragraph (a).
2. Defendant B’s sole criminal conduct, around 13:30 on June 2013, on the one hand, committed a indecent act on the part of the victim G (the 74 years old)’s chests from “E” as set forth in the above paragraph 1’s (a).
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to G, H and I;
1. Investigation report (a copy of the sales account book, etc.);
1. Application of Acts and subordinate statutes to investigation reports (a photographic attachment, such as propool leasing purchased by victim G);
1. Article 1 of the Addenda to the Health Functional Foods Act (amended by Act No. 12669, May 21, 2014); Article 44 Subparag. 4 and Article 18(1)1 of the former Health Functional Foods Act (amended by Act No. 12669, May 21, 2014); Article 30 of the Criminal Act; Defendant B selected as a fine.