The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence imposed by the court below (two years of imprisonment with prison labor, two years of suspended sentence, etc.) is too unreasonable.

However, each of the crimes of this case is against the defendant's recognition of the crime of this case, but the crime of this case is against the defendant, because the defendant promoted speculative spirit by providing case items or free gifts while selling the functional health foods, and falsely advertised the functional health foods as if they have the effect of preventing and treating diseases. Since the sale of functional health foods is directly connected to national health, it requires strict control and sanctions, and the sale of functional health foods amounts to KRW 149.6 million, the sale of functional health foods amounts to KRW 14.6 million, and the defendant was punished by a fine of KRW 5 million for the same crime at the Ulsan District Court on August 24, 201, even though he had the record of punishment for the same crime at the Ulsan District Court on August 24, 201, it is disadvantageous to the defendant's age, family relation, criminal record, degree of participation in the crime, means and method of the crime, motive and circumstance of the crime, etc., and considering the equality of criminal punishment against the crimes of this case other than the punishment conditions of this case, it is unreasonable and unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, the 3rd "criminal facts" of the judgment of the court below is clear that the 6th and 14th "in the same place as Paragraph (1)" is the error of "in the first floor of Ulsan-gu H building", and thus, it is corrected ex officio by correcting it in accordance with Article 25(1) of the Regulations on Criminal Procedure.