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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

No one shall indicate or advertise that the denomination, manufacturing method, quality and nutrition labelling of foods, etc., genetically modified foods, etc. and food traceability labelling, or nutritional values, raw materials, ingredients, and uses of foods or food additives have efficacy or effects in preventing and treating diseases, or that they are likely to mislead or confuse them as medicine or health functional foods.

Nevertheless, at around 14:35 on April 18, 2013, the Defendant: (a) visited E in order to help the Defendant make preparations for D sales at the request of the Defendant in Daegu-gu, Daegu-gu; (b) “D” can be resolved in a single side to the elderly in distress; (c) it can prevent the heart disease, cancer, and congenital type; and (d) it is effective for the cancer surgery patients and the outpatient patients.

“The Defendant presented the Kabrogs indicating the purport thereof, and the Defendant said that “this food is good on the change of food,” by dividing D food to the senior citizens who sit around the above Kabrogs.”

As a result, the Defendant made an indication or advertisement that could mislead the Defendant that he had efficacy in preventing and treating diseases with respect to the ingredients and use of food ingredients.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and E’s partial legal statement;

1. Photographs;

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 13 (1) of the Food Sanitation Act that choose a penalty;

1. Articles 70 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.