A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is a person who runs a mail order business.

No one shall place an indication or advertisement with a content that has 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 name, manufacturing method, quality or nutrition labelling of foods, genetically modified foods, etc. and the indication of tracking, control of foods.

Nevertheless, the defendant, while selling "B of the product name" on the Internet shopping site, made a false exaggerated advertisement by using the expression "natural bag, the improvement of sex functions, and the increase of reproductive and sperm, thereby selling food sales amounting to KRW 2.80,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning false and exaggerated advertisements;

1. Article 94 (1) 2-2 of the Food Sanitation Act and Article 13 (1) 1 of the same Act concerning criminal facts, the choice of punishment, and the selection of fines;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the Defendant initially uses the phrase of the materials distributed for in-house education while advertising “B” on the Internet shopping site; and (b) the amount of sales or profit is a small amount of money; and (c) comprehensively takes into account all the sentencing conditions indicated in the records and arguments of the instant case, and determines the same sentence as the order.