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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a prompt term public relations center for the sale of food, medical appliances, and various daily necessities by providing living items at a low price when collecting female women from the name of the elderly building B and 701, and by providing them at a low price, and by advertising and selling food, medical appliances, various daily necessities, etc.
1. No person who violates the Food Sanitation Act shall make any false or exaggerated advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine or health functional foods, with regard to the quality, nutrition, and use of foods, etc.;
Nevertheless, the defendant from April 2, 2014 to the same year.
5. Until December 22, in collusion with D, E, an advertising instructor, who had found a club in the above C, sold the amount equivalent to KRW 88,880,000 of black ginseng products and KRW 2.8 million against customers by advertising as if the black ginseng and gye were to have an effect on blood pressure control, crypology, and crypitis only once in a lifelong life,” and advertising that “gye shall have an effect on hyp and gypine, and shall have an effect on hypine by removing gypines, and shall have an effect on hypine.”
As a result, the Defendant made a false or exaggerated advertisement about the nutritional value, raw materials, ingredients, and uses of food, which are likely to have efficacy or effect in the prevention and treatment of illness, or to mislead or confuse it as medicine or health functional food.
2. No person who violates the Health Functional Foods Act shall indicate or advertise that the person has efficacy or effect in preventing and treating diseases, or that the person is likely to mislead or confuse as medicine, with regard to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of health functional foods;
Nevertheless, the Defendant from April 2014 to July 2014.