The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (misunderstanding the facts) reveals the marketing method of multi-level marketing while selling functional health foods, etc. as a whole, and there was no advertising act on foods. The Defendant operated materials that were used in advertisements, such as leaflets, sexual description, Internet broadcast, etc. submitted by the prosecutor as evidence.

The E Cultural Institute is not used by the E Cultural Institute, but merely seized at the headquarters D, and there is no direct evidence to prove the Defendant’s advertising act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misconception of facts.

2. Judgment on the grounds for appeal

(a) Article 94 (Penal Provisions) (1) of the former Food Sanitation Act (Amended by Act No. 14022, Feb. 3, 2016) (amended by Act No. 1402, Feb. 3, 2016) (1) Any of the following persons shall be punished by imprisonment for not more than ten years, or by a fine not exceeding 100 million won,

2-2. Any person who violates Article 13 (1) 1 (1) (1) shall not use any of the following false, exaggerated, or secret labeling or advertising with respect to the name of food, etc., manufacturing method, quality or nutrition labelling, genetic materials, associations of food, etc., and the indication of tracking and control of food history, and shall not use an exaggerated package for packaging:

The same shall also apply to the nutritional value of foods or additives, raw materials, ingredients, and uses.

(2) The scope of false labelling, exaggerated advertisements, slandered advertisements, and over- packings under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Prime Minister;

2) Article 8 of the Enforcement Rule of the Food Sanitation Act (the scope of false labelling, exaggerated advertisements, slandered advertisements, and exaggerated packaging) (1) The scope of false labelling and exaggerated advertisements under Article 13 of the Act shall be limited to containers, packages, and packages.