Defendant

A and Defendant B shall be punished by imprisonment with prison labor for six months, and Defendant C shall be punished by a fine of ten million won.

(b).

Punishment of the crime

Defendant

A is the representative director of C, a corporation that engages in the business of manufacturing functional health foods in the Geumsan-gun F, Chungcheongnam-gun, and Defendant B is the head of the factory of the above corporation.

1. No one shall make any indication or advertisement that is different from facts or exaggerated with respect to the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of health functional foods;

Nevertheless, from February 23, 2015 to February 28, 2015, the Defendants manufactured the health functional food of “G” using the concentration of red ginseng for the four-year old root and the concentration of red ginseng for the six-year old root in the above company, but subsequently manufactured using only the concentration of red ginseng for the six-year old root, the Defendants indicated that “one-year red ginseng concentration (not less than 70%) in the column of “raw material or ingredients content of the container” of the above product, and sold it to the customer by manufacturing the product equivalent to the aggregate of 54,252,00 won in the market value of 1,096 (250g per disease).

As a result, the Defendants conspired to indicate the raw materials and ingredients of functional health foods.

2. A and B, the representative of the defendant C defendant corporation, committed the above violation in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of Acts and subordinate statutes to a copy of a certificate of report on manufacturing functional health foods items, a copy of business registration certificate, a copy of a certificate of origin, a copy of finished products and a full certificate

1. Article 4 of the pertinent Act and Article 18(1)2 of the former Health Functional Foods Act (amended by Act No. 12669, May 21, 2014; hereinafter “former Health Functional Foods Act”) and Article 44 Subparag. 4 and Article 18(1)2 of the former Health Functional Foods Act (amended by Act No. 12669, May 21, 2015; hereinafter “former Health Functional Foods Act”) respectively.