A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who is operating a functional health foods selling company with the trade name "C," located in the Busan Geum-gu.

No one shall indicate or advertise that health functional foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to mislead or confuse as medicine, with regard to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, etc. of health functional foods.

Nevertheless, from July 2018 to January 17, 2019, the Defendant posted an advertisement stating that “E” products, which are functional health foods, are “F companies E, E points, cancer prevention, cancer cell proliferation suppression suppressions, dementia prevention, dementia improvement, brain function improvement, urology, urology, urology, urology, dynasium therapy, anti-virative effect, anti-virative effect, anti-grative effect, and improvement of symptoms.”

As a result, the Defendant indicated or advertised that the “E”, which is a health functional food, has an effect on the prevention and treatment of a specific disease, or is likely to mislead or confuse it as a medicine.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Investigation report (the detection of any business establishment violating the Health Functional Foods Act), - Application of evidence photographing statutes;

1. Article 5 of the Addenda to the relevant Article of the Health Functional Foods Act and the Selection of Punishment ( March 13, 2018) concerning criminal facts; Article 43 (1) 2 of the former Health Functional Foods Act (amended by Act No. 15480, Mar. 13, 2018 and enforced March 14, 2019) and Article 18 (1) 1 of the former Health Functional Foods Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.