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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant has opened the Internet homepage (D) in the name of "C" at the defendant's office located in Gangdong-gu Seoul Metropolitan Government, and operates the mail order business.

No one shall make any false or exaggerated labelling or advertisement with a content that is likely to cause mistake or confusion as to the prevention and treatment of diseases or medicine or health functional foods, with respect to the name, manufacturing method, quality, and impact labelling, etc. of foods, etc.

그럼에도 불구하고 피고인은 2014. 7. 7.경부터 2014. 7. 31.경까지 위 홈페이지의 식품란에 ‘흰민들레즙’, ‘꾸지뽕즙’ 등 20여 종의 식품을 판매하면서 식품 체험기란에 고혈압, 당뇨 등 성인병과 다이어트 등에 효과가 있는 것처럼 게재하여 약 224만 원 상당을 판매하였다.

Accordingly, the defendant made a false or exaggerated indication or advertisement that is likely to mislead or confuse him/her as a drug or health functional food.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a written accusation (including a written statement of a control official attached thereto, a written confirmation of the accused, food publication photographs on the website);

1. Article 94(1)2-2, and Article 13(1)1 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); the choice of a fine for a crime;

1. Articles 70 (1) 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;