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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who has registered the business on April 17, 2014 and sells functional health foods in the name of “C” on the fourth floor of the building located in Busan Jin-gu, Busan.
1. In selling health functional foods in false or exaggerated advertisements, no one shall make an advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine;
Nevertheless, from April 21, 2014 to May 17, 2014, the Defendant advertised many unspecified women, including D, who visited the above “C” office, to sell “E” (185,000 won) and “F (145,00 won for sale)” (hereinafter “F”), is good for heart, kidne, cardio-cerebr, and chronology. The above is good for those with a high blood pressure, and the urology is good for the urology, and the urology is good for the urology. There is a lot of 1 month and the face value is high for the hospital. The cause of disease remains in the urology. However, there is no possibility of confusion with the urology, heart, kidne, and so on. However, there is no possibility of confusion with the urology of food products.”
2. No person who sells a product by promoting a speculative spirit, such as selling examples or offering free gifts, shall sell the product;
Nevertheless, in order to sell health functional foods at the same time and place as mentioned in paragraph (1), the Defendant offered to unspecified female citizens who visited “C” business establishments free of charge, such as suspension, taxation, chip, and noise.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of G police officers;
1. The police statement of H;
1. Application of Acts and subordinate statutes concerning internal reports and photographs of functional health foods;
1. Relevant Article of facts constituting a crime and the choice of punishment for functional health foods;