[Defendant A]

1. The defendant shall be punished by imprisonment for six months;

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

1. Defendant A

(a) No business operator who manufactures, imports, or sells functional health foods containing raw materials for drugs shall use raw materials used only for drugs, manufacture, import, sell, or display such functional health foods, the mixed ratio or content of which is the same or similar as that of drugs;

Nevertheless, the Defendant used only for the purpose of medicine and intended to sell the “F” functional health foods manufactured using a tyrograph, a tyrographic substance, which is a non-useable secondary medicine substance to functional health foods, as a raw material, by telephone solicitation.

Accordingly, around April 17, 2015, the Defendant sold “F” amounting to KRW 35,765,000 over 158 times in total, as shown in the [Attachment] Table (1), from around that time to November 2, 2015, when he received a request to purchase “F” from H to H for the purchase of “F” at the Defendant’s house located in Gwanak-gu, Seoul Special Metropolitan City, Gara 201, and delivered “F” to H at the address of H, and then received KRW 300,000 sales proceeds from the above H to the Nonghyup Bank’s account in the name of I.

As a result, the Defendant sold functional health foods manufactured by using tyrylgraphs, straws or written components, which are used only for the use of medicines.

(b) No person who falsely advertises health functional foods shall place any false or exaggerated indication or advertisement concerning the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, tracking and management of history of health functional foods, etc.;

Nevertheless, between April 17, 2015 and November 2, 2015, the Defendant made a false advertisement with the following contents: (a) the Defendant sold “F”, which is a health functional food, as described in paragraph 1-A; (b) “100% raw drugs”, “it is possible to purchase them without prescription”; and (c) “KFA approved products”.