Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

No one shall place an indication or advertisement with a content that has the efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or health functional foods, with regard to the names, manufacturing methods, quality and nutrition labelling of foods, etc., genetically modified foods, etc. and food traceability labelling, and nutrition, raw materials, ingredients and uses of foods or food additives.

Nevertheless, around December 2012, the Defendant posted a notice on the Defendant’s house located in Cheongbuk-gun B of Cheongbuk-do, stating “Along with the medical treatment of 4H well-being” in the Internet following the KapetC’s advertisement column, “Along with the medical treatment of 15 days”, “Along with the medical treatment of 15 days”, the Defendant placed an advertisement that is likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead and confuse it as medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Internet carpet advertising photographs;

1. Application of the statute governing an exaggerated advertisement posted on the Internet;

1. Article 97 Subparag. 1 of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013) and Article 13(1) of the same Act (amended by Act No. 11690, Mar. 23, 2013);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;