The prosecutor's appeal is dismissed.

1. The sentence of the lower court (a fine of KRW 700,00) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. It is recognized that consumers who have purchased health foods due to the Defendant’s advertisement may be aware of the efficacy of the medicine as a result of the Defendant’s advertisement, such as that it is directly related to national health and that the issue is not less than that of the medicine.

However, in light of the following: (a) the Defendant did not have a significant profit from the instant case; (b) the Defendant voluntarily shut down the Internet site on which the instant advertisement had been placed and thus there is no risk of re-offending; (c) the Defendant was an initial offender without any previous criminal records; and (d) his depth of the mistake; and (c) the circumstances leading up to the instant crime, including the Defendants’ age, character and conduct, method of criminal conduct, and circumstances after the instant crime, etc., the sentence of the lower court’s sentence against the Defendants is unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.