Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant, who was engaged in the sale of functional health foods in Soak-gu Seoul Metropolitan City C, shall:

1. A person who intends to sell functional health foods shall report his/her business to the Gu office having jurisdiction over the location of the place of business, but without reporting the business of selling functional health foods from December 10, 201 to May 4, 2012, he/she sold C3G slots, C3G caps, capsulules, sculperes, pule pule, cellule caps et al., thereby selling functional health foods.

2. Although the functional health foods are not subject to labels or advertisements that have efficacy or effect in the prevention and treatment of diseases, or that are likely to cause confusion as medicine, the functional health foods (hereinafter “Aro C3G) made and kept advertisements likely to cause confusion with medicine in labels of food by making and keeping signs indicating that such foods have efficacy in the prevention and treatment of diseases, or are likely to cause confusion as medicine.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal report, the health guidance civil petition receipt and the treatment book;

1. Application of Acts and subordinate statutes on promotional materials;

1. Relevant laws on criminal facts, subparagraph 1 of Article 44, the main sentence of Article 6 (2) of the Health Functional Foods Act (the selling of unregistered health functional foods), subparagraph 4 of Article 44 and Article 18 (1) 1 of the Health Functional Foods Act (the selling of unregistered health functional foods), and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;