Defendant shall be punished by a fine of KRW 3,500,000.

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

Punishment of the crime

Any person who intends to conduct manufacturing business of health functional foods shall have facilities prescribed by Ordinance of the Prime Minister for each place of business and obtain permission therefor from the Minister of Food and Drug Safety, and no one shall indicate or advertise the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality and traceability of health functional foods with efficacy or effect in preventing and treating diseases, or misleading or causing confusion as medicine.

Nevertheless, the Defendant, without obtaining permission from the Minister of Food and Drug Safety from May 23, 2012, at the Defendant’s house located in Scheon-si, made the total amount of KRW 60 million up to September 16, 2014 by mixing 5 km and water, which is a propool, with the facilities such as plastic box, snick, and disposable injection equipment, which are necessary for the manufacture of propool lease, by mixing 9:1 ratio, with the main office and water, from that time to September 16, 2014.

In addition, the Defendant produced a leaflet to sell a manufactured propool lease as above, and indicated and advertised the content that “the effect on the disease’s prevention and treatment, or that there is a possibility of misunderstanding or confusion as medicine, by inserting such expressions as “the effect on all kinds of cancer, such as cather natural gifts over the cancer, cathoe, bathoe, cathoe, cathoe cancer, and pulmonary cancer,” etc., and inserting such expressions as “the effect on the disease’s disease’s disease’s prevention and treatment, or as medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Records of seizure and the list of seizure;

1. In light of the above evidence, the defendant alleged that the defendant did not actually display or advertise a report on internal investigation (on-site inspection and control circumstances), field photographs, advertising electric complexes, copies of spirits analysis slips, and the defendant and the defense counsel, and therefore, the defendant could recognize the fact that the defendant sealed the advertising leaflets while selling the product to many and unspecified persons, and the defendant's above.