The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The fact that the Defendant alleged a misunderstanding of facts and misapprehension of legal principles posted each advertising phrase on the Internet site as stated in the judgment of the court below is recognized, but it is merely an expression of the pharmacological efficacy of the nutritional ingredient contained in each product, and it does not constitute a false or exaggerated advertisement which might mislead the Defendant as a drug in light of the overall content and purport of the advertisement.

Therefore, the defendant should be pronounced innocent.

B. Even if the Defendant alleged unfair sentencing is guilty, considering the following factors: (a) the part of the advertising phrase at issue is smaller than the portion of the advertising phrase at issue; and (b) the advertisement emphasizing or aiming at the pertinent phrase is not an advertisement; (c) the likelihood of being mistaken due to the characteristics of the customer; and (d) the Defendant is the primary offender, the Defendant would be able to

2. Determination

A. The relevant legal principles and the Act on the Food Sanitation and Health Functional Foods prohibit "an indication or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to cause mistake or confusion as medicine." In interpreting the meaning of the above provisions, it cannot be deemed that the above provisions prohibit all labeling or advertising of the pharmacological efficacy of foods or health functional foods. Even if such labeling or advertisement is an indication or advertisement, it shall be deemed that it is permitted if it is the same as labeling or advertising of the effect incidental to foods or health functional foods or appearing as a consequence of nutrition within the intrinsic limit of the efficacy of food or health functional foods. Accordingly, the above provisions are limited to labeling or advertising that directly and mainly aims at preventing and treating a specific disease.