The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to KRW 12 million) is too unreasonable.

2. Determination: (1) The fact that the defendant has no record of punishment for the same kind of crime, and that the defendant voluntarily surrenders himself to the crime of this case (the 26th page of the evidence record) and reflects it is favorable.

(2) However, the Defendant manufactured and sold “H” for three months, and the sales amount thereof is considerable, and the instant crime was committed not only by the Defendant to mislead or misuse the consumers with respect to the efficacy, etc. of “H,” but also by selling health foods with no accurately known knowledge about its ingredients, which may cause harm to national health, and thus, the nature of the crime is not weak (N’s purchase of “H” from the Defendant at the police station, and frequently used the “H” from the Defendant.

In full view of all the circumstances, including the evidence record 13 pages), the balance between the sentence against accomplices, the sentence of the lower court is lower than the fine amount of the first summary order (20 million won), and (3) the background, means, results, and the circumstances after the commission of the instant crime, etc., the sentence of the lower court cannot be deemed unfair because it is excessively unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.