The defendant shall be innocent.

1. The summary of the facts charged in this case is that the defendant is a door-to-door seller B, and no one shall indicate or advertise the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods, with the effect or effect of preventing and treating diseases, or with the content that is likely to mislead or confuse him/her as medicine.

On June 10, 2016, the Defendant heard from C, a subordinate salesperson of the Defendant, that “F’s children operating beauty rooms in the Sinsan City D D Building E suffer heavy salt, and thus, caused the Defendant to explain the products.” Around that time, the Defendant, using the phone and Kakaothox message, expressed to F that “B products are the natural antibiotics that cut natural materials in chemical form, and are used for various salt symptoms through the improvement of salt and fighting effect, and that “G” and H”, which are functional health foods produced by the said company, are effective and effective in the prevention and treatment of diseases, or are misleading and confused with medicine.

2. Determination

A. In full view of the relevant legal principles and the contents of Articles 97 subparag. 1 and 13(1) and (2) of the former Food Sanitation Act (amended by Act No. 10787, Jun. 7, 201; hereinafter “former Food Sanitation Act”) and Article 8 of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Ministry of Health and Welfare No. 73, Aug. 19, 2011; hereinafter “former Enforcement Rule of the Food Sanitation Act”), the term “advertisement likely to cause confusion with medicine regarding food” prohibited under Article 13(1) of the former Food Sanitation Act refers to an act of indicating or informing the quality, nutritional value, raw materials, ingredients, etc. of food, etc. of information that may have efficacy in treating diseases through radio, television, newspaper, magazine, music, film, signboard, Internet, or other means.

Accordingly, food.