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The Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A operates a door-to-door sales company with the trade name of “J” on the second floor of the building in the Bupyeong-gu Incheon Bupyeong-gu I building, and Defendant B, Defendant C, Defendant D, and Defendant E are those who work as the team leader of the above company, and Defendant F is those who work as the above company’s accounting.
1. Violation of the Food Sanitation Act;
(a) No one shall place any indication or advertisement with regard to the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or food traceability labeling or advertisement with the content that such foods, etc. are likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse them as medicine or health functional foods;
Nevertheless, at the place of business of "J" on June 19, 2014, the Defendants conspired to sell daily necessities to older persons or offer free gifts to older persons, and sold “melting products” after attracting them to the said place of business, the Defendants advertised that “this product is good for older persons and older persons, including the elderly and older persons, to improve the physical strength of the elderly and older persons, who will be 10 times at least 1,00,000 won, are likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse them with medicine or health functional foods, thereby selling green products equivalent to KRW 1,470,000 from the date and time to June 20, 2014 to the total number of 63 persons from June 20, 2014.”
B. On July 23, 2014, the Defendants conspired with the said place of business “J” to place an advertisement with the following content: (a) the Defendants conspired to sell daily necessities to senior citizens or provide free gifts, leading them to the said place of business; and (b) selling the black ginseng products, “I am more valuable than ordinary red ginseng and help them recover back to the future, recover from the future, and increase the immunity.”