The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 21, 22 shall be confiscated.

(e).

1. Summary of the grounds for appeal 1) misunderstanding of facts and misunderstanding of legal principles (1) as to the violation of the Food Sanitation Act as stated in the judgment below, 1) The defendant did not make a false advertisement, but it did not recognize that the defendant

(2) The defendant was aware of false or exaggerated advertisements.

It is difficult to see it.

(2) As to the fraudulent part of the judgment of the court below, the defendant enticed the victims.

It is difficult to see that there is a criminal intent to defraud the accused.

It is also difficult to see it.

2) The punishment sentenced by the lower court (one year and six months of imprisonment with prison labor for the remaining part except the above part) that was sentenced to the punishment of unfair sentencing (one year and six months of imprisonment with prison labor for the part of the crime committed in the judgment of the lower court among the frauds listed in the judgment below) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.

However, although there are reasons for reversal of authority above, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

3. Decision 1 on the assertion of misunderstanding of facts and misapprehension of the legal principles 1) As to the assertion that there was no false advertisement as to the assertion of violation of the Food Sanitation Act (1) as indicated in the judgment of the court below, Article 13 of the Food Sanitation Act prohibits all false, exaggerated, and secret labeling or advertisement as stipulated in the above provision, although the name of the article is "Prohibition of False Indications, etc.", the specific contents are prohibited. Article 13 (1) 1 of the Food Sanitation Act applicable to the facts charged in this part is prohibited if the pertinent indication or advertisement is "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 or health functional foods."

The judgment of the court below and.